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DiSpigna v. Lutheran Medical Center Parking

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 645 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the Supreme Court, Kings County (Shaw, J.).


Ordered that the order is affirmed, with costs.

Having applied for and accepted workers' compensation benefits, the plaintiff forfeited any right she might have had to bring an action grounded in common-law tort against her employer and therefore the Supreme Court properly dismissed her complaint (see, Mera v Adelphi Mfg. Co., 160 A.D.2d 781; Daniels v Zelco, Inc., 159 A.D.2d 538; French v Shaft, 154 A.D.2d 336; see also, Billy v Consolidated Mach. Tool Corp., 51 N.Y.2d 152; Levensen v Berkey Professional Processing, 122 A.D.2d 867). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

DiSpigna v. Lutheran Medical Center Parking

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 645 (N.Y. App. Div. 1991)
Case details for

DiSpigna v. Lutheran Medical Center Parking

Case Details

Full title:ELIZABETH DISPIGNA, Appellant, v. LUTHERAN MEDICAL CENTER PARKING…

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 645 (N.Y. App. Div. 1991)
567 N.Y.S.2d 69

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