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TERRI SAMBA, Indi v. dually and as Administratrix of the Estate of OUMAR SAMBA, Deceased, et al., Respondents,

Order reversed, insofar as appealed from, on the law, with costs, and so much of defendant Nice Jewish Boy, Inc.'s motion is granted dismissing the complaint pursuant to CPLR 3212.

As determined by the Workers' Compensation Board, plaintiffs' decedents were killed as a result of injuries they sustained in an automobile accident which occurred during the course of their employment with defendant Nice Jewish Boy, Inc. That finding of accidental death is binding between the parties, not only because of Workers' Compensation Law § 23, but also due to settled principles of res judicata which apply to administrative hearings and determinations when the agency involved is acting, as does the Compensation Board, in a quasi-judicial capacity (see, Werner v State of New York, 53 N.Y.2d 346). The Board also made awards to plaintiffs based on its findings. A decision by the Workers' Compensation Board that a claimant's injury was accidental, employment-related and compensable, or a claimant's receipt of workers' compensation benefits for the injury in question, is a sufficient basis to dismiss this action (see, Cunningham v State of New York, 60 N.Y.2d 248; see also, Samba v Delligard, 116 A.D.2d 563). Gibbons, J.P., Brown, Weinstein and Lawrence, JJ., concur.

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SAMBA v. DELLIGARD
(Jan 13, 1986)