Appellate Division of the Supreme Court of New York, 2000

Levine v. City of Yonkers

Levine v. City of Yonkers
Appellate Division of the Supreme Court of New York · Decided February 28, 2000
269 A.D.2d 571; 704 N.Y.S.2d 828; 2000 N.Y. App. Div. LEXIS 2122
Levine v. City of Yonkers

Opinion of the Court

—In an action to recover damages for negligent supervision, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered April 2, 1999, as granted that branch of the defendants’ motion which was for summary judgment *572dismissing the complaint pursuant to CPLR 3212 insofar as asserted against the defendant Yonkers Board of Education.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that this action insofar as asserted, against the Yonkers Board of Education was barred by the exclusivity of the Workers’ Compensation remedy (see, Workers’ Compensation Law § 11). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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