Legal Opinion

Rotoli v. Domtar, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1996PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. *935Memorandum: Plaintiffs appeal from an order granting the motion of S & K Trans., Inc., and DeCato Brothers, Inc. (defendants), for summary judgment dismissing the complaint in this personal injury action against them based on the defense of workers’ compensation. Supreme Court held as a matter of law that Daniel J. Rotoli (plaintiff) was acting as a special employee of defendants at the time of his injury.

The court properly found that defendants sustained their initial burden of establishing their entitlement to judgment as a matter of law by…

2Cases cited5 opinions

  1. Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
  2. Olsen v. We'll Manage, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Eagen v. Harlequin Books Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Garner v. Two Exchange Plaza PartnersAppellate Division of the Supreme Court of the State of New York · 1995
  5. Burdette v. Niagara County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. Martin v. Baldwin Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  2. Hintze v. Brookhaven National LaboratoryAppellate Division of the Supreme Court of the State of New York · 2000
  3. O'Connell Electric Co. v. Murnane/KennedyAppellate Division of the Supreme Court of the State of New York · 1998
  4. Gaynor v. Cassone Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Thomas J. Waltos v. United States of America; United States Postal Service; and Jane Doe, in her official capacity as a United States Postal Service EmployeeDistrict Court, N.D. New York · 2026

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