SANTMYER v. CITY OF SYRACUSE (1997)

 Supreme Court erred in dismissing the complaint on the ground that General Municipal Law § 207-c bars a civil action by a police officer against his employer for an intentional tort.  “Section 207-c benefits are applied for and determined in a manner identical to Workers' Compensation benefits” (O'Dette v. Parton, 190 A.D.2d 1074, 1075, 593 N.Y.S.2d 690).  “Intentional injuries are not covered by the Workers' Compensation Law, and an employee may bring a tort action for such wrongs against the offending employer” (Burlew v. American Mut. Ins. Co., 63 N.Y.2d 412, 417, 482 N.Y.S.2d 720, 472 N.E.2d 682;  see also, Elson v. Consolidated Edison Co. of N. Y., 226 A.D.2d 288, 641 N.Y.S.2d 294;  Ferguson v. Davis Auto World, 207 A.D.2d 991, 617 N.Y.S.2d 98;  Ralph v. Oliver, 186 A.D.2d 977, 588 N.Y.S.2d 444).   We therefore conclude that injuries intentionally inflicted upon a police officer by the employer are not covered by General Municipal Law § 207-c and that the officer may bring an action to recover for such injuries.

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

MEMORANDUM: