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Camporese v. Port Authority of New York & New Jersey

49 N.Y.2d 814 Court N.Y. Decision date 1980-03-18 English

Contents

Majority

p. 814
Vito Camporese et al., Plaintiffs, v Port Authority of New York and New Jersey et al., Defendants-Appellants and Third-Party Plaintiffs-Appellants. Bentley Painting Co., Inc., Third-Party Defendant-Respondent.
Argued February 5, 1980;
decided March 18, 1980
p. 815
APPEARANCES OF COUNSEL
William H. Morris and Maurice Carrion for appellants.
William F. McNulty, Joseph W. Conklin and Anthony J. McNulty for respondent.

OPINION OF THE COURT

Memorandum.

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

This case is governed by the law of New Jersey. Under the decisional law of that State a third-party action for common-law indemnity or contribution does not lie against the employer of the injured workman where, as here, the injury sustained by the employee is covered by workers’ compensation insurance (Arcell v Ashland Chem. Co., 152 NJ Super 471 ; Farren v New Jersey Turnpike Auth., 31 NJ Super 356 ; cf. Schweizer v Elox Div. of Colt Inds., 70 NJ 280 , 288; see 2A Larson, Workmen’s Compensation Law, § 76.21, pp 14-295 to 14-298). There is no basis for concluding, as appellant urges, that the present case falls within some "special legal relationship” exception referred to in the Arcell case.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, FuChsberg and Meyer concur in memorandum.

Order affirmed.