Court of Appeals of New York

In an injured emergency medical technician's action against the City of New York and its Parks and Recreation Department, alleging both common law negligence and a cause of action under General Municipal Law section 205-a, the Appellate Division's judgment in favor of the defendants is affirmed, where: 1) the city was also the plaintiff's employer; 2) the plaintiff received workers' compensation payments for his injury; 3) recipients of workers' compensation benefits may not sue their employers in tort under section 205-a; and 4) the negligence claim was properly dismissed because the plaintiff's injuries arose from and were connected with his employment, and an employer cannot be sued in its capacity as property owner in order to circumvent the workers' compnesation scheme.

Appellate Information

• Decided 05/31/2012
• Published 05/31/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Arnold E. DiJoseph, III, Julie Steiner