DAVIS v. "ANDY" BUTLER


262 A.D.2d 1039 (1999)

691 N.Y.S.2d 845

WILLIAM A. DAVIS et al., Respondents, v. ANDREW "ANDY" BUTLER, Doing Business as ANDY BUTLER CONTRACTING and Others, Appellant, et al., Defendants.

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

Decided June 18, 1999.


Order unanimously reversed on the law without costs, motion granted and complaint against defendant-appellant dismissed.

Memorandum:

Supreme Court erred in denying the motion of Andrew "Andy" Butler (defendant), the general contractor, for summary judgment dismissing the complaint against it. William A. Davis (plaintiff) was a special employee of defendant as a matter of law, and thus plaintiff's action is barred by the exclusive remedy provisions of the Workers...

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