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ROBERT SULECKI, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

Plaintiff, an engineer employed by the New York City Department of Design and Construction, was injured after tripping on a sidewalk adjoining a city-owned building while on his way to a work-related meeting. The Workers' Compensation Law provides the exclusive remedy where, as here, the employer and the landowner are essentially the same party and the plaintiff is injured while performing his job ( see Billy v Consolidated Mach. Tool Corp., 51 NY2d 152, 158-159; Murray v City of New York, 43 NY2d 400; Paulino v Lifecare Transp., 57 AD3d 319). No exception should be made simply because plaintiffs injury did not occur at the location of the work-related meeting. Accordingly, the motion for leave to amend the answer should have been granted and the complaint dismissed as against the municipal defendants.

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ROBERT SULECKI v. CITY OF NEW YORK
(Jun 3, 2010)