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PATRICKA v. CITY OF NEW YORK

7167, 303888/09.

93 A.D.3d 557 (2012)

941 N.Y.S.2d 47

2012 NY Slip Op 2163

JENNIFER A. PATRICKA, Respondent, v. CITY OF NEW YORK et al., Defendants, and MONTEFIORE MEDICAL CENTER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 22, 2012.

Montefiore's motion should have been granted because plaintiff's exclusive remedy in this action is under the Workers' Compensation Law. The record shows that plaintiff, an employee of Montefiore, was injured when she tripped on a sidewalk adjacent to the emergency room, on her way back from Montefiore's human resources department to her own office, during working hours; it is uncontested that Montefiore was charged with the duty...

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