Order unanimously affirmed, with costs. Memorandum: The exclusive remedy provisions of subdivision 6 of section 29 of the Workers’ Compensation Law do not bar an employee who has accepted workers’ compensation benefits from bringing a common-law cause of action against a coemployee who has committed an intentional assault upon him (Maines v Cronomer Val. Fire Dept., 50 NY2d 535; Mazarredo v Levine, 274 App Div 122; cf. Smith v State of New York, 72 AD2d 937). (Appeal from order of Monroe Supreme Court — dismiss complaint.) Present — Simons, J. P., Hancock, Jr., Callahan, Doerr and Moule, JJ.
Vercruysse v. Alati
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1980-11-13
Citations: 78 A.D.2d 1015, 433 N.Y.S.2d 694, 1980 N.Y. App. Div. LEXIS 13805
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