Jeras v. East Manufacturing Corp.

Judgment reversed on the law without costs and complaint dismissed. Memorandum: The trial court should have dismissed the complaint in this wrongful death action as against defendant Newco Waste Systems (Newco) because the proof shows that decedent’s death was caused while he was acting in the course of his special employment with Newco. Although American Stevedoring paid decedent, furnished him with health insurance, and retained the right to hire and fire him, the facts established as a matter of law that decedent was a special employee of Newco (see, Cameli v Pace Univ., 131 AD2d 419,…