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SEEBECK v. FINETTA

Appellate Division of the Supreme Court of New York, Second Department.
Jan 27, 1992

Ordered that the judgment is affirmed, with costs.

The plaintiff Roseanne Seebeck and the defendant, coemployees, were both acting in the course of their mutual employment when the defendant's automobile struck Roseanne (see, Matter of Husted v. Seneca Steel Serv., 41 N.Y.2d 140; Kunze v. Jones, 6 A.D.2d 888, affd 8 N.Y.2d 1152; Smithline v. Ghessi, 25 A.D.2d 841; Pantolo v. Lane, 185 Misc. 221). Summary judgment was properly granted in favor of the defendant since workers' compensation is the exclusive remedy available to the injured plaintiff (see, Workers' Compensation Law ยง 29). Mangano, P.J., Bracken, Lawrence and Rosenblatt, JJ., concur.