Gonzalez v. John B. Lovett Associates, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiff was injured on premises owned by Le Havre Owners Corp., for which injuries he received Workers’ Compensation benefits. He then sued defendant, the managing agent of the premises. The motion court properly rejected the Workers’ Compensation defense of defendant as purported special *343employer of plaintiff. Although the issue of whether an individual is a special employee is generally a question of fact, where, as here, the particular, undisputed critical facts present no triable issue of fact, a determination as to such employment status may be made as a matter of law (see, Thompson v…
2Cases cited6 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Claim of Shoemaker v. Manpower, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Szigyarto v. SzigyartoNew York Court of Appeals · 1985
- Seudath v. MottAppellate Division of the Supreme Court of the State of New York · 1994
- Rothenberg v. Erie Metal Stamping Co.Appellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gannon v. JWP Forest Electric Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Fox v. Brozman-Archer Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Joblon v. SolowDistrict Court, S.D. New York · 1996
- Cruz v. HSS Properties Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Cruz v. Regent Leasing Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.