Defendant moves for summary judgment dismissing the claim of Victor and Sylvia
In such claim, it is alleged that on
August 19, 2002, Mr. Morgado, who was employed as a court interpreter by the
State of New York, was assaulted by Eugene Ruiz, another court interpreter
employed by the State, at Civil Court, Bronx County. Specifically, it is
alleged that Ruiz injured claimant’s right hand when he “grabbed
[it] . . . hard . . . and pressed and pinched and twisted and wrenched”
it, saying, “ ‘[t]his is for you to stop painting’ because
you’re a painter.” Claim, ¶22. Workers’ Compensation is
the exclusive remedy for an employee seeking recompense for on-the-job injury
(WCL §11); a few limited exceptions to this exclusivity obtain, for
example, if an employee is injured by the intentional tort of a co-employee at
the direction of their employer, the employer will be subject to tort liability.
See, e.g., Martinez v Canteen Vending Services Roux Fine Dining
, 18 AD3d 274, 795 NYS2d 16 (1st Dept 2005); Hahne v State of
, 290 AD2d 858, 736 NYS2d 761 (3d Dept 2002). There is no evidence
on the record that the actions of Ruiz were “directed or instigated”
by the State. Martinez
, 18 AD3d at 275, 795 NYS2d at 18.
Nor is there any evidence that Ruiz was acting other than for personal motives.
See, e.g., Conde v Yeshiva University
, 16 AD3d 185, 187, 792 NYS2d 387,
389 (1st Dept 2005); Hahne
, 290 AD2d at 859, 736 NYS2d at
Finally, to the extent claimant alleges that prior actions of Ruiz would
support a cause of action for negligent supervision and retention, the First
Department has rejected the argument that the exclusivity of Workers’
Compensation can be overridden by such a cause of action. See Conde,
supra, and Martinez, supra.
In view of the foregoing, having reviewed the
, IT IS ORDERED that motion no.
M-72875 be granted and that claim no. 108120 be dismissed.