Claim of Estrella v. Broadway 69 Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from a decision of the Workers’ Compensation Board, filed June 3, 2008, which, among other things, ruled that an employer-employee relationship did not exist between claimant and Broadway 69 Associates.
Claimant, a painter and handyman, was injured in 2004 when he fell from a ladder while replacing a ceiling. He commenced a personal injury action against, among others, the owner of the building where he was injured, Broadway 69 Associates. Broadway 69 asserted an affirmative defense that claimant was its employee and that workers’ compensation benefits constituted his sole remedy…
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