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ISABELLA v. KOUBEK

Docket No. 12-2905-cv.

733 F.3d 384 (2013)

Matthew ISABELLA, Mary Isabella, his wife, Plaintiffs, Doris A. Hallock, Peter T. Hallock, Third Party Plaintiffs-Appellees, v. Michael W. KOUBEK, Third Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2013.

Attorney(s) appearing for the Case

Arthur J. Siegel , Bond, Schoeneck & King, PLLC, Albany, NY, for Third Party Defendant-Appellant.

Glenn A. Kaminska ( Nicholas M. Cardascia , on the brief), Ahmuty, Demers & McManus, Albertson, NY, for Third Party Plaintiffs-Appellees.

Before: LOHIER, CARNEY, Circuit Judges, and RAKOFF, District Judge.

LOHIER, Circuit Judge:

In this appeal, involving a car accident, we consider an apparent conflict between two provisions of New York law: Section 29(6) of New York's Workers' Compensation Law ("Section 29(6)"), which provides that workers' compensation is the exclusive remedy of an employee injured by his co-employee's negligence, and Section 388 of New York's Vehicle and Traffic Law ("Section 388"), which provides that every owner of a vehicle operated in New York...

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