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JAMES v F & V DISTRIB. CO.

21 Misc.3d 727 (2008)

864 N.Y.S.2d 304

DONALD JAMES et al., Plaintiffs, v. F & V DISTRIBUTION COMPANY, LLC, Doing Business as HORNELL BREWING CO., INC., et al., Defendants.

Supreme Court, Kings County.

September 26, 2008.

Attorney(s) appearing for the Case

Hoey, King, Toker & Epstein, New York City, for Merja Associates, LLC, and others, defendants.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, for F & V Distribution Company, LLC, and another, defendants.

Kelner & Kelner, New York City, for plaintiffs.

OPINION OF THE COURT

MARTIN SCHNEIER, J.

This is an action to recover damages for personal injuries sustained by plaintiff Donald James in a workplace accident on January 13, 2004. Defendants Merja Associates, LLC, RW 930 Flushing, LLC, and Read Property Group, LLC move pursuant to CPLR 3212 for summary judgment dismissing the complaint on the grounds that plaintiff's action is barred by the exclusivity provisions of the Workers' Compensation Law and for...

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