SPAGES v. GARY NULL ASSOCIATES, INC.


14 A.D.3d 425 (2005)

788 N.Y.S.2d 355

PHILIP SPAGES, Respondent, v. GARY NULL ASSOCIATES, INC., Appellant-Respondent, and SELMA WEISER, Respondent-Appellant, et al., Defendants.

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

January 20, 2005.


Although plaintiff contracted to perform the work on the premises leased by Null in the course of which he was injured, he is not, as Null contends, therefore disqualified from pursuing his Labor Law claims. Plaintiff did not act as general contractor. Rather, he worked principally as a laborer under a salary contract with Null, which maintained control over all hiring and paid the other workers directly. In view of the nature of his work and employment relation, and his...

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