MARTINEZ v. 250 WEST 43 OWNER, LLC

10721, 28648/17E.

179 A.D.3d 420 (2020)

116 N.Y.S.3d 241

2020 NY Slip Op 00058

Fiumen Aquino Martinez, Plaintiff, v. 250 West 43 Owner, LLC, et al., Defendants. 250 West 43 Owner, LLC, et al., Third-Party Plaintiffs-Appellants, v. Park Developers & Builders, Inc., et al., Third-Party Defendants, and I & G Group, Inc., Third-Party Defendant-Respondent.

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

Decided January 7, 2020.


The Court of Appeals has stated that "[w]here liability is imposed upon an employer to provide work[er]'s compensation and compensation is provided, that liability is exclusive and in the stead of any other employer liability whatsoever" (O'Rourke v Long, 41 N.Y.2d 219, 221 [1976]; see Workers' Compensation Law § 11). Thus, "[i]f the right to sue the employer has been stripped away by work[er]'s compensation coverage...

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