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Fourth Department — Workers’ Compensation: Ciapa v. Miso, et al.
By: Daily Record Staff//February 7, 2013
Fourth Department — Workers’ Compensation: Ciapa v. Miso, et al.
By: Daily Record Staff//February 7, 2013
Appellate Division, Fourth Department
Workers’ Compensation
Corporate Officers — Exclusive Remedy
Ciapa v. Miso, et al.
CA 12-00960
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action after a slip and fall that occurred while working at the defendant’s pizzeria. The plaintiff appealed from an order granting the defendant’s motion for summary judgment.
Ruling: The Appellate Division affirmed. The court found that the plaintiff’s sole remedy against his employer was in the Workers’ Compensation law. Further, the sole owner and president of the corporate employer was entitled to the protections afforded by the Workers’ Compensation law.
J. Michael Hayes for the plaintiff-appellant; Jennifer C. Persico of Mosey Persico for the defendant-respondent
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
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- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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