MARTINEZ v. 214 W. 39TH ST. LLC

Index No. 24874/15E. Appeal No. 13981. Case No. 2020-03900.

195 A.D.3d 419 (2021)

144 N.Y.S.3d 575

2021 NY Slip Op 03412

Luis Martinez, Appellant, v. 214 West 39th Street LLC, Respondent.

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

Decided June 1, 2021.


Attorney(s) appearing for the Case

Hach & Rose, LLP, New York ( Michael A. Rose of counsel), for appellant.

Varvaro, Cotter & Bender, White Plains ( Rose M. Cotter of counsel), for respondent.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.


The court properly granted defendant's motion for summary judgment on the ground that plaintiff was defendant's special employee. Defendant submitted undisputed evidence, including plaintiff's own testimony, that defendant's superintendent supervised and directed plaintiff's work, conclusively demonstrating that defendant assumed exclusive control over the manner, means, and result of plaintiff's work. Accordingly, his complaint...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases