Lopez v. La Fonda Boricua, Inc.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered September 8, 2014, which, insofar as appealed from as limited by the brief, denied defendant Maygina Realty LLC’s motion for summary judgment dismissing the Labor Law §§ 240 (1) and 241 (6) and lost earnings claims as against it, unanimously modified, on the law, to grant the motion as to the § 241 (6) claims, and otherwise affirmed, without costs.

Defendant failed to establish prima facie, with respect to the Labor Law § 240 (1) claim, that the injured plaintiff was not an “employee” but a “volunteer” within the meaning of the…