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MYUNG SOOK CHO-OH v. CHOI

2011-08736.

102 A.D.3d 755 (2013)

957 N.Y.S.2d 873

2013 NY Slip Op 187

MYUNG SOOK CHO-OH, Appellant, v. ANGIE CHOI et al., Respondents.

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

Decided January 16, 2013.

Ordered that the order is affirmed, with costs.

Workers' Compensation Law § 29 (6) provides that "[t]he right to compensation or benefits under this chapter, shall be the exclusive remedy to an employee, or in case of death his or her dependents, when such employee is injured or killed by the negligence or wrong of another in the same employ." "Workers' compensation qualifies as an exclusive remedy when both the plaintiff and the defendant are acting within the...

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