Opinion
November 18, 1999
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 8, 1999, which denied defendants-appellants' motion for summary judgment dismissing the complaint as barred by the exclusive remedy of workers' compensation, unanimously affirmed, without costs.
B. Jennifer Jaffee for Plaintiff-Respondent.
Jack D. Jordan for Defendants-Appellants.
TOM, J.P., ANDRIAS, SAXE, FRIEDMAN, JJ.
The court properly determined that defendants-appellants had not sustained their burden, as movants for summary judgment (see,Ferrante v. American Lung Assn., 90 N.Y.2d 623, 630), of establishing the absence of triable issues of fact concerning workers' compensation coverage.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.