Russell v. Gaines

Wesley, J. (dissenting).

I respectfully dissent. The majority’s determination that section 29 (6) of the Workers’ Compensa*941tion Law is not a bar to plaintiff’s Labor Law § 240 (1) cause of action is premised on a determination that defendant made no showing that "Gaines was acting within the scope of his employment with Gaines Electrical at the time plaintiff was injured, or that Gaines Electrical had an ownership interest in or exercised control over the farmhouse” (emphasis added). The majority is correct in its determination that Gaines Electrical had no ownership interest in the farmhouse;…