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VERCRUYSSE v. ALATI

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 13, 1980

Order unanimously affirmed, with costs. Memorandum: The exclusive remedy provisions of subdivision 6 of section 29 of the Workers' Compensation Law do not bar an employee who has accepted workers' compensation benefits from bringing a common-law cause of action against a coemployee who has committed an intentional assault upon him (Maines v Cronomer Val. Fire Dept., 50 N.Y.2d 535; Mazarredo v Levine, 274 App. Div. 122; cf. Smith v State of New York, 72 A.D.2d 937).