Scimeca v. Town of Babylon

Full title: LEONARD SCIMECA et al., Appellants, v. TOWN OF BABYLON et al., Respondents

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

Date published: Feb 19, 1985

108 A.D.2d 848 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Suffolk County (Corso, J.).

Order affirmed, without costs or disbursements.

Plaintiff Leonard Scimeca has applied for and received workers' compensation benefits. Accordingly, he and his spouse are precluded from recovering damages in an action at law to recover for injuries sustained in the course of his employment as a result of a coemployee's alleged negligence ( see, Workers' Compensation Law §§ 11, 29; Burgos v City of New York, 98 A.D.2d 788).

We have reviewed plaintiffs' remaining contentions and find them to be without merit. Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.