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Mark B. v. County of Onondaga

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 834 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Order of Supreme Court, Onondaga County, Elliott, J. — Dismiss Pleading.

PRESENT: PINE, J.P., WISNER, HURLBUTT AND SCUDDER, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion seeking dismissal of the complaint pursuant to CPLR 3211 (a). The allegation that defendant intentionally ignored a known hazard does not bring the case within the "intentional injury" exception to the exclusivity provision of the Workers' Compensation Law ( see, Workers' Compensation Law § 11 Work. Comp.; Acevedo v. Consolidated Edison Co. of N Y, 189 A.D.2d 497, 500-501, lv dismissed 82 N.Y.2d 748; Briggs v. Pymm Thermometer Corp., 147 A.D.2d 433, 435; Ferrara v. American ACMI, 122 A.D.2d 930, 931; Finch v. Swingly, 42 A.D.2d 1035, 1036; see also, Patterson v. Salvation Army, 203 A.D.2d 87, 88).


Summaries of

Mark B. v. County of Onondaga

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 834 (N.Y. App. Div. 2000)
Case details for

Mark B. v. County of Onondaga

Case Details

Full title:MARK B. AND ALICE E-B., PLAINTIFFS-APPELLANTS, v. COUNTY OF ONONDAGA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 16, 2000

Citations

273 A.D.2d 834 (N.Y. App. Div. 2000)
710 N.Y.S.2d 268

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