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Lebron v. SML Veteran Leather, LLC

New York Court of Appeals

February 20, 2014

Nelson Lebron, Appellant,
v.
SML Veteran Leather, LLC, Respondent.

Submitted, Brian J. Isaac, for appellant.

Submitted, Christopher M. Yapchanyk, for respondent.

MEMORANDUM

The order of the Appellate Division should be affirmed, with costs.

Applying New Jersey law and viewing the evidence in a light most favorable to plaintiff (see Laidlow v Hariton Mach. Co., Inc., 170 N.J. 602, 607, 790 A.2d 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 N.J. Stat Ann § 34:15-8; compare Mull v Zeta Consumer Prods., 176 N.J. 385, 392, 823 A.2d 782, 786 [2003]; Laidlow, 170 N.J. at 622, 790 A.2d 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.


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