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GOMEZ v. V & G ELECTRIC, INC.

28 A.D.3d 399 (2006)

814 N.Y.S.2d 604

LUIS GOMEZ, Respondent, v. V & G ELECTRIC, INC., Appellant, and MATELL CONTRACTING COMPANY, INC., Respondent, et al., Defendant. V & G ELECTRIC, INC., Third-Party Plaintiff-Appellant, v. SURF CLUB, Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

April 27, 2006.

Matell demonstrated that it exercised no supervisory control over plaintiff's work (see Comes v. New York State Elec. & Gas Corp., 82 N.Y.2d 876, 877 [1993]), and V & G offered no evidence to the contrary.

Surf Club met its burden of demonstrating that plaintiff did not sustain a grave injury within the meaning of Workers' Compensation Law § 11 (cf. Rubeis v. Aqua Club, Inc., 3 N.Y.3d...

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