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Board Needs to Decide Applicability of Exclusive Remedy Defense for Personal Injury Action

Tuesday, January 24, 2023 | 0

A New York appellate court ruled that a trial justice should not have decided a motion for summary judgment in a personal injury case until the Workers’ Compensation Board had a chance to rule on the defendant’s exclusive remedy defense. Case: Lall v. Harnick, No. 2020-02291, 01/11/2023, published. Facts: Rohinie Lall was allegedly injured in a fall at a property owned by Joel Harnick. Procedural history: Lall filed a personal injury suit against Harnick, seeking damages. Harnick moved for summary judgment dismissing the complaint, contending that Lall was injured in the co...

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