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Plaintiff, the sole member of 43 Round Lake, LLC, sustained injuries from a fall while removing a ceiling fan from a restaurant premises owned by the defendant. The incident occurred as the restaurant was vacating due to the defendant's planned demolition of the strip mall. Plaintiff commenced an action seeking damages under Labor Law §§ 200, 240, and 241 (6). The Supreme Court granted the defendant's motion for summary judgment, dismissing the complaint, and denied the plaintiff's cross-motion for partial summary judgment. The appellate court affirmed the Supreme Court's decision, concluding that the plaintiff was not 'hired' by anyone and was not acting as an employee of either the defendant or 43 Round Lake, LLC at the time of the injury, thereby falling outside the protective scope of the Labor Law statutes.
Hill v. Country Club Acres, Inc. 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, the sole member of 43 Round Lake, LLC, sustained injuries from a fall while removing a ceiling fan from a restaurant premises owned by the defendant. The incident occurred as the restaurant was vacating due to the defendant's planned demolition of the strip mall. Plaintiff commenced an action seeking damages under Labor Law §§ 200, 240, and 241 (6). The Supreme Court granted the defendant's motion for summary judgment, dismissing the complaint, and denied the plaintiff's cross-motion for partial summary judgment. The appellate court affirmed the Supreme Court's decision, concluding that the plaintiff was not 'hired' by anyone and was not acting as an employee of either the defendant or 43 Round Lake, LLC at the time of the injury, thereby falling outside the protective scope of the Labor Law statutes.
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