Andrew Kaye Obtains Summary Judgment in Supreme Court, Westchester County Under “Special Employee” Affirmative Defense

Gallo Vitucci Klar LLP is pleased to announce that Andrew Kaye successfully obtained summary judgment on behalf of our client, a construction crane leasing company operating a facility in Millwood, New York.

The plaintiff, a laborer supplied by a third-party employment agency, alleged that he slipped and fell on ice within our client’s construction yard. Although the plaintiff was directly employed by the agency, he worked under the supervision and control of our client.

Following discovery, we moved for summary judgment based on the “special employee” affirmative defense. A “special employee” is defined as one who is transferred for a limited time, of whatever duration, to the service of another. If someone is found to be a “special employee,” the temporary employer is exempt from direct suit under Workers’ Compensation Law § 11, the same as a direct employer. Through a focused and strategic deposition, we secured numerous admissions and concessions addressing the factors courts consider when evaluating this defense.

The strength of our position was such that the Court granted summary judgment in our client’s favor without reaching the additional dispositive arguments raised in the motion.

This result underscores GVK’s ability to identify and effectively leverage nuanced legal defenses to achieve favorable outcomes for our clients.