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ELIZABETH DISPIGNA, Appellant, v. LUTHERAN MEDICAL CENTER PARKING, Respondent.

Ordered that the order is affirmed, with costs.

Having applied for and accepted workers' compensation benefits, the plaintiff forfeited any right she might have had to bring an action grounded in common-law tort against her employer and therefore the Supreme Court properly dismissed her complaint (see, Mera v Adelphi Mfg. Co., 160 A.D.2d 781; Daniels v Zelco, Inc., 159 A.D.2d 538; French v Shaft, 154 A.D.2d 336; see also, Billy v Consolidated Mach. Tool Corp., 51 N.Y.2d 152; Levensen v Berkey Professional Processing, 122 A.D.2d 867). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.

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DiSPIGNA v. LUTHERAN MEDICAL CENTER PARKING
(Feb 25, 1991)