MATTER OF BLOTKO v. SOLOMON OLIVER MECHANICAL CONTRACTING

509839.

91 A.D.3d 990 (2012)

935 N.Y.S.2d 910

2012 NY Slip Op 61

In the Matter of the Claim of EDWARD BLOTKO, Appellant, v. SOLOMON OLIVER MECHANICAL CONTRACTING et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 5, 2012.


MERCURE, A.P.J.

On June 9, 2008, claimant sustained injuries at a building that was being demolished by Solomon Oliver Mechanical Contracting (hereinafter SOMC), the company that submitted the winning bid for the job. It is undisputed that claimant had unsuccessfully bid for the demolition job for his own company. After his bid was turned down, claimant spoke with SOMC's owner, Solomon Oliver, about whether some of the laborers who

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