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Levine v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 571 (N.Y. App. Div. 2000)

Opinion

Submitted January 19, 2000

February 28, 2000

In an action to recover damages for negligent supervision, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered April 2, 1999, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint pursuant to CPLR 3212 insofar as asserted against the defendant Yonkers Board of Education.

Shirley Levine, Yonkers, N.Y., appellant pro se.

William M. Mooney, Corporation Counsel, Yonkers, N.Y. (Joseph Madden of counsel), for defendant City of Yonkers and respondent Yonkers Board of Education.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that this action insofar as asserted against the Yonkers Board of Education was barred by the exclusivity of the Workers' Compensation remedy (see, Workers' Compensation Law § 11 Work. Comp.).


Summaries of

Levine v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 571 (N.Y. App. Div. 2000)
Case details for

Levine v. City of Yonkers

Case Details

Full title:SHIRLEY LEVINE, appellant, v. CITY OF YONKERS, defendant, YONKERS BOARD OF…

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 571 (N.Y. App. Div. 2000)
704 N.Y.S.2d 828