Practice point: The statute provides the exclusive remedy for an employee seeking damages for unintentional injuries incurred in the course of employment.
Student note: An intentional tort may give rise to a cause of action outside the ambit of the statute, but the complaint must allege an employer’s deliberate act directed at causing harm to this particular plaintiff.
Kruger v. EMFT, LLC, NY Slip Op 06369 (2d Dept. 2011).
Here is the decision.
Tomorrow: Judgment liens.
