Opinion
12468 Index No. 27247/18E Case No. 2019-5782
11-24-2020
Jose Junco SANCHEZ also known as Jose Junco, Plaintiff–Appellant, v. DELTA AIRLINES, INC., et al., Defendants–Respondents.
Gabriel Fischbarg, New York, for appellant. Shearer PC, Locust Valley (Mark G. Vaughan of counsel), for respondents.
Gabriel Fischbarg, New York, for appellant.
Shearer PC, Locust Valley (Mark G. Vaughan of counsel), for respondents.
Friedman, J.P., Manzanet–Daniels, Oing, Kennedy, JJ.
Order, Supreme Court, Bronx County (Ruben Franco, J.), entered July 2, 2019, which granted the motion of defendant Delta Airlines, Inc. (Delta) to dismiss the complaint as against it, unanimously affirmed, without costs.
The court properly granted Delta's motion to dismiss the complaint as against it wherein plaintiff alleged that he sustained injuries while at work. Plaintiff's claims against Delta, his employer, are barred by the exclusive remedy of the Workers' Compensation Law (see Workers' Compensation Law §§ 11, 29[6] ; Jean–Louis v. Hilton Hotels Corp., 68 A.D.3d 406, 889 N.Y.S.2d 186 [1st Dept. 2009] ). Furthermore, plaintiff's argument that the intentional tort exception to the Workers' Compensation Law applies is unpreserved (see Davila v. City of New York, 95 A.D.3d 560, 561, 946 N.Y.S.2d 20 [1st Dept. 2012] ), and in any event, is unavailing.