Turner v. Gannett Suburban Newspaper

Full title: PAMELA TURNER, Respondent, v. GANNETT SUBURBAN NEWSPAPER, Appellant

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

Date published: Apr 5, 1999

260 A.D.2d 370 (N.Y. App. Div. 1999)

687 N.Y.S.2d 695

Opinion

April 5, 1999

Appeal from the Supreme Court, Westchester County (Barone, J.).

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.

The plaintiff applied for, was granted, and accepted benefits for the injuries at issue pursuant to the Workers' Compensation Law on her representation that she was an employee of the defendant and that her injuries arose in the course of her employment. Accordingly, she is precluded from claiming in this action that she was not an employee of the defendant, and this action is barred by the exclusivity provisions of the Workers' Compensation Law ( see, Workers' Compensation Law §§ 10, 11, 29; Werner v. State of New York, 53 N.Y.2d 346; Monteverde v. Delta Intl. Mach. Corp., 215 A.D.2d 240; French v. Shaft, 154 A.D.2d 336; Richiusa v. Kahn Lbr. Millwork Co., 148 A.D.2d 690).

S. Miller, J. P., Ritter, Thompson and Joy, JJ., concur.