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SAMPER v. 352 BROADWAY LLC

9796. 26696/15E.

174 A.D.3d 415 (2019)

101 N.Y.S.3d 607

2019 NY Slip Op 05335

Joel Samper, Respondent, v. 352 Broadway LLC et al., Defendants, and A-Z Apartment Building Supply Corp., Appellant.

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

Decided July 2, 2019.

A-Z established that plaintiff's claims are precluded by the exclusivity provisions of Workers' Compensation Law §§ 11, 29 (6) (see generally Fung v Japan Airlines Co., Ltd., 9 N.Y.3d 351, 357 [2007]). A-Z submitted evidence showing that following his accident, plaintiff applied for, was awarded, and received Workers' Compensation benefits under A-Z's Workers' Compensation policy (see Mateo v 1875 Lexington, LLC,

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