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GONZALEZ v. JOHN B. LOVETT ASSOC., LTD.

228 A.D.2d 342 (1996)

644 N.Y.S.2d 249

Gasper Gonzalez et al., Respondents, v. John B. Lovett Assoc., Ltd., Appellant

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

June 20, 1996

Plaintiff was injured on premises owned by Le Havre Owners Corp., for which injuries he received Workers' Compensation benefits. He then sued defendant, the managing agent of the premises. The motion court properly rejected the Workers' Compensation defense of defendant as purported special employer of plaintiff. Although the issue of whether an individual is a special employee is generally a question of fact, where, as here, the...

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