Cardone v. Villa Margherita, Inc.

Full title: ANTHONY CARDONE, JR., Appellant, v. VILLA MARGHERITA, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1997

245 A.D.2d 257 (N.Y. App. Div. 1997)

666 N.Y.S.2d 15

Opinion

December 1, 1997

Appeal from the Supreme Court, Nassau County (Bucaria, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion to dismiss certain affirmative defenses. These defenses would be barred by Workers' Compensation Law § 11 if the plaintiff were an employee of the defendant. The defendant has submitted sufficient proof to raise a material question of fact with respect to the exact nature of the plaintiff's employment relationship with the defendant to defeat the plaintiff's motion ( see, Carrion v. Orbit Messenger, 192 A.D.2d 366, 367-368, affd 82 N.Y.2d 742).

Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.