Hamlin v. Mensch

Appellate Division of the Supreme Court of New York

Hamlin v. Mensch

225 A.D.2d 480, 639 N.Y.2d 920, 639 N.Y.S.2d 920, 1996 N.Y. App. Div. LEXIS 3094

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

DecidedMarch 26, 1996

StatusPublished

This text of 225 A.D.2d 480 (Hamlin v. Mensch) 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

Hamlin v. Mensch, 225 A.D.2d 480, 639 N.Y.2d 920, 639 N.Y.S.2d 920, 1996 N.Y. App. Div. LEXIS 3094 (N.Y. Ct. App. 1996).

Pincite

Opinion

[481]*481Plaintiff performed renovation" work on a building co-owned by defendant and her husband, and was hired by an employee of defendant’s husband to perform the work. Plaintiff concedes that defendant’s husband was plaintiff’s employer. The record compels rejection of the claim that defendant’s husband was plaintiff’s employer, but defendant was not (see, Seudath v Mott, 202 AD2d 658, lv dismissed 85 NY2d 890). Therefore, defendant is entitled to dismissal under Workers’ Compensation Law § 29 (6). Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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[481]*481Plaintiff performed renovation" work on a building co-owned by defendant and her husband, and was hired by an employee of defendant’s husband to perform the work. Plaintiff concedes that defendant’s husband was plaintiff’s employer. The record compels rejection of the claim that defendant’s husband was plaintiff’s employer, but defendant was not (see, Seudath v Mott, 202 AD2d 658, lv dismissed 85 NY2d 890). Therefore, defendant is entitled to dismissal under Workers’ Compensation Law § 29 (6). Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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Bluebook (online)

225 A.D.2d 480, 639 N.Y.2d 920, 639 N.Y.S.2d 920, 1996 N.Y. App. Div. LEXIS 3094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamlin-v-mensch-nyappdiv-1996.

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