SHUMWAY v. KELLEY


60 A.D.3d 1457 (2009)

876 N.Y.S.2d 299

DAVID SHUMWAY et al., Appellants, v. JUSTIN KELLEY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 27, 2009.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in its entirety and the first cause of action is reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by David Shumway (plaintiff) at work when defendant, plaintiff's coemployee, collided with him. Defendant moved for summary judgment dismissing the complaint on the ground that workers' compensation...

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