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ADAMS v. SANTA FE CONSTRUCTION CORP.

288 A.D.2d 11 (2001)

732 N.Y.S.2d 11

YVONNE ADAMS, Respondent, v. SANTA FE CONSTRUCTION CORP. et al., Appellants, et al., Defendants.

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

Decided November 1, 2001.

The summary judgment motion of the Santa Fe defendants, premised upon the contention that plaintiff was their special employee and thus subject to the exclusivity rule of Workers' Compensation Law § 11 (see, Gannon v JWP Forest Elec. Corp., 275 A.D.2d 231), was properly denied in view of defendants' failure to demonstrate, as a matter of law, that plaintiff was, in fact, their special employee. Questions of fact as to whether...

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