Terry v. Maurice Pastries, Inc.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered March 20, 2006, which granted defendant’s motion for summary judgment dismissing the complaint upon a finding that the injured plaintiff was a special employee whose exclusive remedy is under the Workers’ Compensation Law, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated, defendant’s seventh affirmative defense stricken, and the matter remanded for further proceedings.

Plaintiff Leola Terry, a culinary student working in defendant’s business pursuant to an externship program…