Reyes v. Crothall Healthcare, Inc.

3 Citing cases

  1. Cukar v. Compass Grp.

    21-CV-7626 (KMK) (S.D.N.Y. Mar. 4, 2024)

    (holding “negligence claims asserted against [the employer] must also be dismissed because the [NYWCL] exclusively governs negligence claims against employers”); Johns v. Home Depot U.S.A., Inc., No. 03-CV-4522, 2005 WL 545210, at *8 (S.D.N.Y. Mar. 8, 2005) (“In New York, recovery for . . . injuries caused by an employer's negligence, is governed by the [NYWCL].” (internal quotation marks and citation omitted)), aff'd sub nom. 180 Fed.Appx. 190 (2d Cir. 2006) (summary order). This same exclusivity applies when an employee is injured by a co-worker. The right to workers' compensation thus is “the exclusive remedy to an employee . . . when such employee is injured . . . by the negligence or wrong of another in the same employ[.]” NYCWL § 29(6); see also Reyes v. Crothall Healthcare, Inc., No. 17-CV-1003, 2019 WL 1050995, at *4 (E.D.N.Y. Mar. 5, 2019) (same), aff'd, 794 Fed.Appx. 132 (2d Cir. 2020) (summary order); Isabella v. Hallock, 10 N.E.3d 673, 674 (N.Y. 2014) (same).

  2. Bennett v. TDY Indus.

    17-CV-1330-(JLS)(HKS) (W.D.N.Y. Sep. 7, 2023)   Cited 1 times

    (N.D.N.Y. June 30, 2023) (quoting Pena v. Automatic Data Processing, Inc., 105 A.D.3d 924, 924 (2nd Dep't 2013)); Reyes v. Crothall Healthcare, Inc., 17-CV-1003 (KAM)(VMS), 2019 WL 1050995, at *4 (E.D.N.Y. Mar. 5, 2019) (“The Workers' Compensation exclusive remedy bar applies to an employee who is both a general employee of one employer and a special employee of another employer.”), aff'd, 794 Fed.Appx. 132 (2d Cir. 2020).

  3. Yuyan Lin v. Amazon.com

    21-CV-6203 (KAM)(MMH) (E.D.N.Y. Sep. 5, 2023)   Cited 2 times

    (SAC ¶¶ 18, 27, 29, 129); see also Axis Constr. Corp. v. Travelers Indem. Co. of Am., No. 22-cv-1125 (DRH)(ARL), 2021 WL 3912562, at *6 (E.D.N.Y. Sept. 1, 2021) (“The practical reality here is New York law statutorily prohibits [an employee] from naming his employer . . . as a negligent party liable for his injuries.”); Reyes v. Crothall Healthcare, Inc., No. 17-cv-1003 (KAM)(VMS), 2019 WL 1050995, at *4 (E.D.N.Y. Mar. 5, 2019), aff'd, 794 Fed.Appx. 132 (2d Cir. 2020) (summary order). There may be an exception to the exclusivity of the Workers' Compensation Law, however, in situations “where injury is sustained to an employee due to an intentional tort perpetrated by the employer or at the employer's direction.” Arbouin, 2021 WL 4813228, at *10 (citing Acevedo v. Consol. Edison Co. of New York, 189 A.D.2d 497, 500, 596 N.Y.S.2d 68, 70 (N.Y.App.Div. 1st Dep't 1993)).