New York State Court of Claims

New York State Court of Claims

ANDERSON v. THE STATE OF NEW YORK, #2008-016-052, Claim No. 114657, Motion No. M-75136


Synopsis


Claim dismissed as workers’ compensation was sole remedy available.

Case Information

UID:
2008-016-052
Claimant(s):
CORY ANDERSON
Claimant short name:
ANDERSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114657
Motion number(s):
M-75136
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Faber & Troy, Esqs.
By: Glen S. Faber, Esq.No Appearance
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
September 29, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves to dismiss the claim of Cory Anderson on the ground that claimant’s sole remedy lies under the Workers’ Compensation Law. Mr. Anderson alleges that while he was on duty as a New York State Park Police Officer at Riverbank State Park on December 31, 2005, he slipped and fell and “on ice and/or other foreign substance . . .” Claim, ¶3. Workers’ compensation is the exclusive remedy for an employee seeking recompense for on-the-job injury. See Workers’ Compensation Law §11. As set forth above, Anderson, who did not oppose this motion, asserts in his claim that he fell during the course of his employment.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-75136 be granted and that claim no. 114657 be dismissed.


September 29, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The court reviewed defendant’s notice of motion with affirmation in support and exhibits A through D.