Vercruysse v. Alati

Full title: ROGER VERCRUYSSE, Respondent, v. LOUIS ALATI, Appellant

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

Date published: Nov 13, 1980

78 A.D.2d 1015 (N.Y. App. Div. 1980)

Opinion

November 13, 1980

Appeal from the Monroe Supreme Court.

Present — Simons, J.P., Hancock, Jr., Callahan, Doerr and Moule, JJ.

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 N.Y.2d 535; Mazarredo v Levine, 274 App. Div. 122; cf. Smith v State of New York, 72 A.D.2d 937).