Cardone v. Villa Margherita, Inc.

Appellate Division of the Supreme Court of New York

Cardone v. Villa Margherita, Inc.

245 A.D.2d 257, 666 N.Y.S.2d 15, 1997 N.Y. App. Div. LEXIS 12076

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1997

StatusPublished

This text of 245 A.D.2d 257 (Cardone v. Villa Margherita, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cardone v. Villa Margherita, Inc., 245 A.D.2d 257, 666 N.Y.S.2d 15, 1997 N.Y. App. Div. LEXIS 12076 (N.Y. Ct. App. 1997).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 23, 1996, which denied his motion to dismiss certain affirmative defenses.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff’s motion to dismiss certain affirmative defenses. These defenses would be barred by Workers’ Compensation Law § 11 if the plaintiff were an employee of the defendant. The defendant has submitted sufficient proof to raise a material question of fact with respect to the exact nature of the plaintiff’s employment relationship [258]*258with the defendant to defeat the plaintiffs motion (see, Carrion v Orbit Messenger, 192 AD2d 366, 367-368, affd 82 NY2d 742). Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 23, 1996, which denied his motion to dismiss certain affirmative defenses.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff’s motion to dismiss certain affirmative defenses. These defenses would be barred by Workers’ Compensation Law § 11 if the plaintiff were an employee of the defendant. The defendant has submitted sufficient proof to raise a material question of fact with respect to the exact nature of the plaintiff’s employment relationship [258]*258with the defendant to defeat the plaintiffs motion (see, Carrion v Orbit Messenger, 192 AD2d 366, 367-368, affd 82 NY2d 742). Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.

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Bluebook (online)

245 A.D.2d 257, 666 N.Y.S.2d 15, 1997 N.Y. App. Div. LEXIS 12076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardone-v-villa-margherita-inc-nyappdiv-1997.

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