Carvajal v. M. Madison LLC

In April 1997, plaintiff sustained personal injuries as a result of a trip and fall in an internal stairway at premises owned by defendant M. Madison LLC (Madison) in the course of her employment as part of the building’s maintenance staff. Plaintiff subsequently commenced a personal injury action against defendants Madison and Joseph Moinian (Moinian), a principal of Madison. Defendants interposed an answer which included the exclusivity provision of the Workers’ Compensation Law as an affirmative defense. In particular, defendants asserted, inter alia, that plaintiff was an employee of its…