Practice point: Defendants' motion to dismiss was not untimely since the parties had stipulated, both orally and in writing, to
extend defendants' time to respond to the complaint, and defendants had served and
filed their motion to dismiss by the stipulated date.
Student note: On the merits, defendants were entitled to
dismissal on res judicata grounds. The Workers' Compensation Board's award
of legal fees to defendants, imposed as a lien against the ultimate
award of compensation to plaintiff, pursuant to Workers' Compensation Law
§ 24, precludes plaintiff's claim that defendants represented
him negligently, a claim that could have been raised in opposition to
defendants' fee application.
Case: Bob v. Cohen, NY Slip Op 02499 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Workers' Compensation and special employers.
