Lebron v SML Veteran Leather, LLC

Lebron v SML Veteran Leather, LLC 2014 NY Slip Op 01212 Decided on February 20, 2014 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 20, 2014
No. 89 SSM 45

[*1]Nelson Lebron, Appellant,

v

SML Veteran Leather, LLC, Respondent.




Submitted by Brian J. Isaac, for appellant.
Submitted by Christopher M. Yapchanyk, for
respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs. [*2]

Applying New Jersey law and viewing the evidence in a light most favorable to plaintiff (see Laidlow v Hariton Mach. Co., Inc., 170 NJ 602, 607, 790 A2d 884, 887 [2002]), defendant SML Veteran Leather, LLC demonstrated its entitlement to summary judgment dismissing the complaint against it. Plaintiff failed to raise a triable issue of fact whether defendant's conduct constituted an intentional wrong under the New Jersey Workers' Compensation Act (see NJ Stat Ann § 34:15-8; compare Mull v Zeta Consumer Prods., 176 NJ 385, 392, 823 A2d 782, 786 [2003]; Laidlow, 170 NJ at 622, 790 A2d at 897-898).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.
Judge Abdus-Salaam took no part.
Decided February 20, 2014