Opinion
2014-02-20
Nelson LEBRON, Appellant, v. SML VETERAN LEATHER, LLC, Respondent.
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), and Okun Oddo & Babat, P.C. (Darren Seilback of counsel), for appellant. The Law Offices of Edward M. Eustace, White Plains (Christopher M. Yapchanyk of counsel), for respondent.
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), and Okun Oddo & Babat, P.C. (Darren Seilback of counsel), for appellant. The Law Offices of Edward M. Eustace, White Plains (Christopher M. Yapchanyk of counsel), for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
Applying New Jersey law and viewing the evidence in a light most favorable to plaintiff ( see Laidlow v. Hariton Mach. Co., Inc., 170 N.J. 602, 607, 790 A.2d 884, 887 [2002] ), defendant SML Veteran Leather, LLC demonstrated its entitlement to summary judgment dismissing the complaint against it. Plaintiff failed to raise a triable issue of fact whether defendant's conduct constituted an intentional wrong under the New Jersey Workers' Compensation Act ( seeNJ Stat Ann § 34:15–8; compare Mull v. Zeta Consumer Prods., 176 N.J. 385, 392, 823 A.2d 782, 786 [2003];Laidlow, 170 N.J. at 622, 790 A.2d at 897–898). Chief Judge LIPPMAN and JUDGES GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur. Judge ABDUS–SALAAM took no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.