CRUZ v. REGENT LEASING LIMITED PARTNERSHIP


39 A.D.3d 396 (2007)

834 N.Y.S.2d 163

ROBERTO CRUZ, Respondent, v. REGENT LEASING LIMITED PARTNERSHIP, Appellant.

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

Decided April 24, 2007.


It is undisputed that plaintiff, a janitor in the employ of a management company, was not directly employed by defendant building owner, and the record does not contain evidence that, at the time of the alleged accident, plaintiff was acting as defendant's special employee so as to entitle defendant to rely on the exclusive remedy provisions of the Workers' Compensation Law (see Workers' Compensation Law §§ 11, 29 [6]; and see Thompson v Grumman Aerospace...

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