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FULLER v. KFG LAND I, LLC

Index No. 158511/16E. Appeal No. 12350. Case No. 2019-5509.

189 A.D.3d 666 (2020)

139 N.Y.S.3d 166

2020 NY Slip Op 07998

Elbert Fuller et al., Respondents-Appellants, v. KFG Land I, LLC, Appellant-Respondent.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Mauro Lilling Naparty, LLP, Woodbury ( Seth M. Weinberg of counsel), for appellant-respondent.

Lurie, Ilchert, Mac Donnell , and Ryan, LLC, New York ( George W. Ilchert of counsel), for respondents-appellants.

Concur—Gische, J.P., Kern, Kennedy, JJ.

We affirm the dismissal of the Labor Law § 240(1) claim and dismiss the common-law negligence claim. KFG Land I, LLC (KFG Land) established that the exclusivity provisions of the Workers' Compensation Law apply and that plaintiff's recovery for his injuries is limited to the workers' compensation benefits he applied for and received under the insurance policy in the name of nonparty KFG Operating I, LLC (KFG Operating) (see Workers' Compensation Law §§...

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