Korman, Mascia, and Boyd Victorious in Labor Law Appeal

March 2, 2020 | Appeals

Cheryl F. Korman, Henry Mascia, and J’Naia L. Boyd obtained victory in a Labor Law case at the Appellate Division, First Department based on special employment affirmative defense. The plaintiff commenced the action to recover damages for personal injuries purportedly sustained when he fell from a ladder while performing “touch-up” painting in our client’s school building.  The school had moved for summary judgment on the ground that the plaintiff was its special employee and, as such, the Workers’ Compensation Law precluded recovery.  The Supreme Court, Bronx County, denied the motion, concluding, inter alia, that there were issues of fact relating to whether the plaintiff was a special employee of St. Raymond’s.

Korman, Mascia, and Boyd convinced the First Department that the plaintiff was a special employee of the school because the school supervised, directed, and controlled plaintiff’s work.  As a result, the Appellate Division concluded that plaintiff’s Labor Law claim was barred by the Workers’ Compensation Law.   J’Naia L. Boyd successfully argued the appeal before the First Department.

 

  • J'Naia L. Boyd
  • Henry M. Mascia
  • Cheryl F. Korman





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