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