BURDETTE v. NIAGARA COUNTY INDUS. DEV. AGENCY


227 A.D.2d 979 (1996)

643 N.Y.S.2d 831

Donald L. Burdette, Respondent, v. Niagara County Industrial Development Agency, Defendant, and Lockport International Partners, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 31, 1996


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Lockport International Partners dismissed.

Memorandum:

Supreme Court erred in denying the motion of defendant Lockport International Partners (LIP) for summary judgment dismissing the complaint against it. The proof is sufficient to establish as a matter of law that plaintiff was a special employee of LIP at the time of his accident...

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