Ortiz v. Rose Nederlander Associates, Inc.

The court properly denied defendants’ motion in this action where plaintiff alleges that she was injured when, while in the course of her employment cleaning defendants’ theater, she slipped and fell down an interior staircase. Defendants failed to demonstrate that plaintiff was their special employee and thus, barred from maintaining this personal injury action under the Workers’ Compensation Law.

The record shows that plaintiff was compensated by nonparty Nederlander Producing Company of America (NPCA), which was also her supervisor’s employer. Although identifying the entity which…