Rivera v. Lopez

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: While working as a doorman at defendant’s bar and grill, plaintiff was injured by the son of defendant’s barmaid. Plaintiff commenced a negligence action against defendant, who thereafter moved for summary judgment, asserting that the exclusive remedy of plaintiff, his employee, was through workers’ compensation. Plaintiff contended that he was not an employee. The court erred in deciding defendant’s motion on the record presented. The…