Opinion
November 10, 1987
Appeal from the Supreme Court, Monroe County, Curran, J.
Present — Callahan, J.P., Denman, Green, Pine and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Plaintiff's negligence action against a coemployee was not barred by the exclusivity provisions of Workers' Compensation Law § 29 (6). The record clearly establishes that at the time of this accident, plaintiff was crossing a public street on his way to work when he was struck by defendant, who was driving to work in his vehicle but was approximately one-half mile from the building where he worked and the parking lot he intended to use. The hazards of travel on public highways are a risk of life in general and are not within the scope of employment within the meaning of the Workers' Compensation Law (Matter of Husted v. Seneca Steel Serv., 50 A.D.2d 76, 78, affd 41 N.Y.2d 140).