From Casetext: Smarter Legal Research

Riggins v. Stong

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 950 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Denman, P.J., Green, Callahan, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint on the ground that the action is barred by the exclusivity provisions of the Workers' Compensation Law ( see, Workers' Compensation Law § 11). Where, as here, an employee applies for and accepts workers' compensation benefits, he is deemed to have elected his remedy and thereby forfeits his right to proceed by way of common-law tort ( see, Cunningham v State of New York, 60 N.Y.2d 248; Mera v. Adelphi Mfg. Co., 160 A.D.2d 781, 782; Martin v. Casagrande, 159 A.D.2d 26, 29-30, lv dismissed 76 N.Y.2d 1018). Furthermore, an employee may not bring a common-law action against his employer as the owner of the property where the job-related injury occurred ( Billy v Consolidated Mach. Tool Corp., 51 N.Y.2d 152, 158-159, rearg denied 52 N.Y.2d 829; Adams v. Benderson Dev. Co., 207 A.D.2d 1024). We have no authority to condition defendant's entitlement to summary judgment upon the requirement that defendant satisfy the judgment awarded in the workers' compensation proceeding. (Appeal from Order of Supreme Court, Monroe County, Fisher, J. — Negligence.)


Summaries of

Riggins v. Stong

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 950 (N.Y. App. Div. 1997)
Case details for

Riggins v. Stong

Case Details

Full title:TYRONE RIGGINS, Appellant, v. WILBERT E. STONG, Respondent

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 950 (N.Y. App. Div. 1997)
661 N.Y.S.2d 170

Citing Cases

Preston v. Apch Inc.

Once again, we cannot agree with defendants. Generally, “ ‘the sole remedy of an employee ... injured in the…

PRESTON v. APCH, INC.

Defendants further contend that the court erred in denying that part of the motion seeking dismissal of the…