SMITH v. 21 WEST LLC LIMITED LIABILITY COMPANY


29 A.D.3d 360 (2006)

816 N.Y.S.2d 23

TEDDY SMITH et al., Plaintiffs, v. 21 WEST LLC LIMITED LIABILITY COMPANY, Respondent, and BRAVO DEMOLITION CORP., Appellant.

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

May 11, 2006.


Bravo failed to establish as a matter of law that plaintiff was its employee or that it was working as a joint venture with a third-party corporation not sued herein. Thus, 21 West's cross claims for contribution and indemnification were not barred by Workers' Compensation Law § 11 (see Cruz v HSS Props. Corp., 309 A.D.2d 720 [2003]; Mitchell v A.F. Roosevelt Ave. Corp., 207 A.D.2d 388

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