Sween v. Spacemaster Building Systems, LLC

Appellate Division of the Supreme Court of New York

Sween v. Spacemaster Building Systems, LLC

300 A.D.2d 32, 750 N.Y.S.2d 497, 2002 N.Y. App. Div. LEXIS 11713

Appellate Division of the Supreme Court of the State of New York·Decided December 5, 2002·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered February 20, 2002, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly denied defendant’s motion for summary judgment dismissing the complaint based on the exclusivity provisions of the Workers’ Compensation Law (Workers’ Compensation Law §§ 11, 29 [6]), since the documentary and testimonial evidence support conflicting inferences as to whether plaintiff, at the time of the alleged accident, was, in fact, a special employee of defendant (see Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557). Concur — Williams, P.J., Ellerin, Rubin, Marlow and Gonzalez, JJ.

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—Order, Supreme Court, Bronx County (Alan Saks, J.), entered February 20, 2002, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly denied defendant’s motion for summary judgment dismissing the complaint based on the exclusivity provisions of the Workers’ Compensation Law (Workers’ Compensation Law §§ 11, 29 [6]), since the documentary and testimonial evidence support conflicting inferences as to whether plaintiff, at the time of the alleged accident, was, in fact, a special employee of defendant (see Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557). Concur — Williams, P.J., Ellerin, Rubin, Marlow and Gonzalez, JJ.

Sween v. Spacemaster Building Systems, LLC, 300 A.D.2d 32, 750 N.Y.S.2d 497, 2002 N.Y. App. Div. LEXIS 11713 (N.Y. Ct. App. 2002).

Pincite

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Opinion

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