Legal Opinion
Demaj v. Pelham Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 3 opinions
1Opinion of the Court
It is undisputed that plaintiff, a superintendent’s helper, was not directly employed by defendant building owner. Defendant denied such a relationship at the Workers’ Compensation Board proceedings, during which nonparty JFA conceded that it employed plaintiff. However, the record contains no evidence establishing that plaintiff was defendant’s special employee so as to entitle defendant to rely on the exclusive remedy provisions of the Workers’ Compensation Law (see Worker’s Compensation Law §§ 11, 29 [6]; Cruz v Regent Leasing Ltd. Partnership, 39 AD3d 396 [2007]). Further, defendant…
2Cases cited6 opinions
- Stolt v. General Foods Corp.New York Court of Appeals · 1993
- Torres v. Monroe CollegeAppellate Division of the Supreme Court of the State of New York · 2004
- Garcia v. 1122 East 180th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Gonzalez v. 310 West 38th, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2005
- Paulino v. Lifecare TransportAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by3 opinions
- Dwyer v. Central Park Studios, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Soodin v. FragakisAppellate Division of the Supreme Court of the State of New York · 2012
- Dwyer v. Central Park Studios, Inc.Appellate Division of the Supreme Court of the State of New York · 2012