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Plaintiff, an employee of Total Recall, slipped and fell on an ice patch in the parking lot while on a work-sanctioned break, subsequently commencing a negligence action for personal injuries. Defendant, president and shareholder of Total Recall and property owner, moved for summary judgment asserting the complaint was barred by Workers’ Compensation Law. The Supreme Court initially granted the defendant's motion, but the appellate court found questions of fact existed regarding whether the accident site was under the exclusive control of Total Recall. Consequently, the appellate court determined that the Supreme Court erred in granting defendant's motion for summary judgment. The order was modified to deny the defendant's summary judgment motion, while affirming the denial of plaintiff's motion to dismiss the Workers’ Compensation Law affirmative defense.
Garelle v. Geinitz 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
Plaintiff, an employee of Total Recall, slipped and fell on an ice patch in the parking lot while on a work-sanctioned break, subsequently commencing a negligence action for personal injuries. Defendant, president and shareholder of Total Recall and property owner, moved for summary judgment asserting the complaint was barred by Workers’ Compensation Law. The Supreme Court initially granted the defendant's motion, but the appellate court found questions of fact existed regarding whether the accident site was under the exclusive control of Total Recall. Consequently, the appellate court determined that the Supreme Court erred in granting defendant's motion for summary judgment. The order was modified to deny the defendant's summary judgment motion, while affirming the denial of plaintiff's motion to dismiss the Workers’ Compensation Law affirmative defense.
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