Legal Opinion

Davis v. Butler

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1999PublishedCited by 7 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion granted and complaint against defendant-appellant dismissed. Memorandum: Supreme Court erred in denying the motion of Andrew “Andy” Butler (defendant), the general contractor, for summary judgment dismissing the complaint against it. William A. Davis (plaintiff) was a special employee of defendant as a matter of law, and thus plaintiffs action is barred by the exclusive remedy provisions of the Workers’ *1040Compensation Law (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557; Adams v North-Star Constr. Co., 249 AD2d 1001,…

2Cases cited3 opinions

  1. Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
  2. Adams v. North-Star Construction Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Richmond v. BMC Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by7 opinions

  1. Rucci v. Cooper Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Evans v. P.C.I. Paper Conversions, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. FILER, MICHAEL D. v. KEYSTONE CORPORATIONAppellate Division of the Supreme Court of the State of New York · 2015
  4. Bailey v. GantterAppellate Division of the Supreme Court of the State of New York · 2004
  5. VEROST, DREW M. v. MITSUBISHI CATERPILLAR FORKLIFT AMEAppellate Division of the Supreme Court of the State of New York · 2015

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