Appellate Division of the Supreme Court of New York, 1993

Devis v. Davis

Devis v. Davis
Appellate Division of the Supreme Court of New York · Decided February 25, 1993
190 A.D.2d 628; 594 N.Y.S.2d 991; 1993 N.Y. App. Div. LEXIS 1669
Devis v. Davis

Opinion of the Court

— Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about March 27, 1992, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The documentary evidence submitted on the motion established that it was a fellow employee who drove the vehicle that struck plaintiff. The claim is therefore barred by the Workers’ Compensation Law. Concur — Murphy, P. J., Carro, Ellerin and Ross, JJ.

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