Schwab v. Campbell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendant’s motion for summary judgment dismissing the Labor Law claims because plaintiffs decedent volunteered to assist defendant and defendant’s decedent in the construction of the barn, and there is no evidence of compensation in the record. The provisions of the Labor Law apply to an employee, defined as “a mechanic, workingman or laborer working for another for hire” (Labor Law § 2 [5]; see, Whelen v Warwick Val. Civic &…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Whelen v. Warwick Valley Civic & Social ClubNew York Court of Appeals · 1979
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
- Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stringer v. MusacchiaNew York Court of Appeals · 2008
- Johnson v. Ebidenergy, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Luthringer v. LuthringerAppellate Division of the Supreme Court of the State of New York · 2009
- Boncore v. Temple Beth ZionAppellate Division of the Supreme Court of the State of New York · 2002
- Fuller v. SpieszAppellate Division of the Supreme Court of the State of New York · 2008
4 more not listed; retrieve them via the Exa API.