ALLEN v. CITY OF NEW YORK


147 Misc.2d 62 (1990)

Charles Allen, Plaintiff, v. City of New York, Defendant.

Supreme Court, Bronx County.

April 11, 1990


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Scott Heller of counsel), for defendant. Bader & Yakaitis (Bruce R. Smiley of counsel), for plaintiff.


LEWIS R. FRIEDMAN, J.

The city moves to dismiss this action on the ground that plaintiff was its "employee" at the time of the accident and, therefore, that the action is barred by the Workers' Compensation Law. The case presents a question which has not been resolved in the reported cases: whether a public welfare recipient who is required to work for a municipal agency as a condition of receiving that aid is an "employee" within the meaning of section...

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