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RICHARD P. JONES et al., Respondents, v. UTILITIES PAINTING CORPORATION, Defendant and Third-Party Plaintiff. CONSOLIDATED EDISON Co., Third-Party Defendant-Appellant.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was to amend the complaint to add a cause of action to recover damages for future medical surveillance costs and emotional distress against Consolidated Edison Co. is denied.

We find that the cause of action in question is barred under Workers' Compensation Law § 11 (see, Cifolo v General Elec. Co., 305 N.Y. 209, cert denied 346 U.S. 874; Acevedo v Consolidated Edison Co., 189 A.D.2d 497; Thompson v Maimonides Med. Ctr., 86 A.D.2d 867). Lawrence, J.P., Eiber, O'Brien and Santucci, JJ., concur.

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JONES v. UTILITIES PAINTING CORPORATION
(Nov 8, 1993)