Loglisci v. Niko Associates
The Supreme Court, New York County, denied defendant producers' cross motion for summary judgment, which sought to dismiss the complaint on the grounds that it was barred by the exclusivity provisions of the Workers’ Compensation Law. The defendants argued that the plaintiff was their special employee, thus precluding a separate personal injury action. However, the court found an issue of fact regarding the extent of supervisory control exercised by the defendants over the plaintiff. Deposition testimony suggested that the defendants' control was not comprehensive or exclusive, and that the plaintiff's general employer maintained some control over the work. This raises a triable issue of fact as to whether the plaintiff was indeed a special employee. The Appellate Division unanimously affirmed this decision, finding the defendants' other arguments unavailing.