Knach v. Weiss

Full title: THERESA KNACH, Appellant, v. SAMUEL WEISS et al., Respondents

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

Date published: Oct 15, 1991

176 A.D.2d 564 (N.Y. App. Div. 1991)

574 N.Y.S.2d 737

Opinion

October 15, 1991

Appeal from the Supreme Court, New York County (William Davis, J.).

Plaintiff, an employee of defendant Design Consortium, Ltd. was injured in the scope of the employment while she was riding as a passenger in a vehicle driven by co-employee Samuel Weiss and owned by defendant Plushbottom Peabody. The exclusive remedy provision of Workers' Compensation Law § 29 (6) precludes plaintiff from proceeding against defendants Weiss and Design in this action. Furthermore, defendant Plushbottom Peabody, Ltd. may not be held vicariously liable as the owner of the vehicle driven under the circumstances presented. (See, Kenny v. Bacolo, 61 N.Y.2d 642, 645.)

Concur — Sullivan, J.P., Carro, Milonas, Asch and Kassal, JJ.