Mylroie v. GAF Corp.

Full title: SARAH V. MYLROIE, Appellant, v. GAF CORPORATION, Respondent

Court: Court of Appeals of the State of New York

Date published: Feb 9, 1982

55 N.Y.2d 893 (N.Y. 1982)

449 N.Y.S.2d 21

433 N.E.2d 1269

Opinion

Argued January 7, 1982

Decided February 9, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL H. PRIOR, JR., J.

Henry Neal Conolly for appellant.

George F. Carpinello for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.

We would only add that by accepting an award of workers' compensation benefits, plaintiff forfeited the right to maintain an action at law on the theory of intentional tort. ( Werner v State of New York, 53 N.Y.2d 346.)

Chief Judge COOKE and Judges JASEN, WACHTLER, FUCHSBERG and MEYER concur; Judges GABRIELLI and JONES taking no part.

Order affirmed, without costs, in a memorandum.