ZENG XI CHEN v. SPITZ

3434, 102148/06.

77 A.D.3d 529 (2010)

909 N.Y.S.2d 432

ZENG XI CHEN, Respondent, v. JEFFREY SPITZ et al., Defendants. Lu GANG, Nonparty Appellant.

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

Decided October 21, 2010.


The court reviewed in detail the history of this action and correctly found that the record demonstrates that nonparty appellant Lu Gang was deemed by a special referee to be plaintiff's employer at the time of the accident in which plaintiff was injured and that he had not procured workers' compensation insurance for plaintiff. Thus, the Uninsured Employers' Fund (UEF), acting as the workers' compensation carrier pursuant to Workers' Compensation Law § 26-a(2), had...

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