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The Workers' Compensation Law provides the exclusive remedy if an employee is injured by a coworker while both are performing the duties of their positions
5 Feb 2021, 9:00 am by Public Employment Law Press
" Citing Gould v Decolator, 121 AD3d 845, the Appellate Division observed that the Police District had submitted documentary evidence conclusively establishing that the Petitioners' causes of action insofar as asserted against it were barred by the exclusivity provisions of the Workers' Compensation Law. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Not Documentary, But a Win Nevertheless
5 Feb 2021, 3:07 am by Andrew Lavoott Bluestone
“To succeed on a motion to dismiss based upon documentary evidence pursuant to CPLR 3211(a)(1), the documentary evidence must utterly refute the plaintiff’s factual allegations, conclusively establishing a defense as a matter of law” (Gould v Decolator, 121 AD3d 845, 847; see Leon v Martinez, 84 NY2d 83, 88). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/