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The plaintiff appealed an order from the Supreme Court, Kings County, which granted the defendant's motion for summary judgment, dismissing the first and second causes of action. The appellate court examined whether the defendant had made a prima facie showing that the plaintiff was a special employee or that the defendant was an alter ego of the plaintiff's employer, thereby barring the personal injury action under Workers’ Compensation Law. Additionally, the court reviewed whether the defendant demonstrated a lack of notice regarding allegedly defective platform and railings. The appellate court found that the defendant failed to establish either defense sufficiently. Consequently, the Supreme Court's order was reversed, and the defendant's motion for summary judgment on common-law negligence and Labor Law § 200 claims was denied.
Abreu v. Wel-Made Enterprises, Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The plaintiff appealed an order from the Supreme Court, Kings County, which granted the defendant's motion for summary judgment, dismissing the first and second causes of action. The appellate court examined whether the defendant had made a prima facie showing that the plaintiff was a special employee or that the defendant was an alter ego of the plaintiff's employer, thereby barring the personal injury action under Workers’ Compensation Law. Additionally, the court reviewed whether the defendant demonstrated a lack of notice regarding allegedly defective platform and railings. The appellate court found that the defendant failed to establish either defense sufficiently. Consequently, the Supreme Court's order was reversed, and the defendant's motion for summary judgment on common-law negligence and Labor Law § 200 claims was denied.
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