MATEO v. 1875 LEXINGTON, LLC

2014-03172, Index No. 21840/11.

134 A.D.3d 1072 (2015)

21 N.Y.S.3d 633

2015 NY Slip Op 09656

FELIX MATEO, Respondent, v. 1875 LEXINGTON, LLC, Appellant, et al., Defendant.

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

Decided December 30, 2015.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant 1875 Lexington, LLC, for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

In general, Workers' Compensation benefits are the sole and exclusive remedy of an employee against an employer for any damages sustained from injury or death arising out of and in the course of employment (see Weiner v City of New York,...

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