Rimoldi v. Schanzer

Thompson, J.,

concurs in part and dissents in part and votes to reverse the order appealed from and grant the Millmans’ motion for summary judgment dismissing the complaint as against them, with the following memorandum in which Spatt, J., concurs. I concur with my learned colleagues in the majority that the plaintiffs’ statutory claims against the defendant homeowners, Samuel and Adrianne Millman, asserted pursuant to Workers’ Compensation Law § 11, the Occupational Safety and Health Act (29 USC § 654 [a]) and Education Law § 3215 (1) should be dismissed because the plaintiffs’ decedents were…