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NUNES v. WINDOW NETWORK LLC

54 A.D.3d 834 (2008)

863 N.Y.S.2d 815

MIQUEIAS NUNES, Appellant, v. WINDOW NETWORK, LLC, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 16, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new determination of the motion after final resolution of a prompt application to the Workers' Compensation Board to determine the parties' rights under the Workers' Compensation Law.

"[P]rimary jurisdiction with respect to determinations as to the applicability of the Workers' Compensation Law...

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