Summary
affirming trial court's additur where court set aside jury award as materially deviating from what would be reasonable compensation
Summary of this case from Consorti v. Armstrong World Industries, Inc.Opinion
January 27, 1992
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff Roseanne Seebeck and the defendant, coemployees, were both acting in the course of their mutual employment when the defendant's automobile struck Roseanne (see, Matter of Husted v. Seneca Steel Serv., 41 N.Y.2d 140; Kunze v. Jones, 6 A.D.2d 888, affd 8 N.Y.2d 1152; Smithline v. Ghessi, 25 A.D.2d 841; Pantolo v. Lane, 185 Misc. 221). Summary judgment was properly granted in favor of the defendant since workers' compensation is the exclusive remedy available to the injured plaintiff (see, Workers' Compensation Law § 29). Mangano, P.J., Bracken, Lawrence and Rosenblatt, JJ., concur.