Walker v. Huber

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint in this personal injury action. Kimberly Walker (plaintiff), a home health aide, alleged that she fell in the bathroom of defendant’s home as the result of defendant’s negligence. Defendant sought summary judgment on the ground that plaintiff was a special employee whose claim is barred by Workers’ Compensation Law § 11 (see, O’Rourke v Long, 41 NY2d 219). Defendant met her initial burden of establishing her entitlement to judgment as a matter of…