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Plaintiff, a painter, fell from a ladder while working for Certa ProPainters, a subcontractor of Paul Davis Systems. Plaintiff commenced an action against both, alleging violations of Labor Law § 240. The Supreme Court granted Certa's motion for summary judgment but denied plaintiff's and Paul Davis Systems' motions. On appeal, the court determined there was no alter ego relationship between Certa and Paul Davis Systems, meaning Paul Davis Systems was not plaintiff's employer and not entitled to Workers' Compensation Law protection. The court also found plaintiff established a prima facie case under Labor Law § 240 (1) due to the ladder's failure. The Supreme Court's order was modified to grant plaintiff's cross-motion for summary judgment against Paul Davis Systems regarding its affirmative defense and the Labor Law § 240 (1) claim.
Longshore v. Paul Davis Systems of the Capital District 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, a painter, fell from a ladder while working for Certa ProPainters, a subcontractor of Paul Davis Systems. Plaintiff commenced an action against both, alleging violations of Labor Law § 240. The Supreme Court granted Certa's motion for summary judgment but denied plaintiff's and Paul Davis Systems' motions. On appeal, the court determined there was no alter ego relationship between Certa and Paul Davis Systems, meaning Paul Davis Systems was not plaintiff's employer and not entitled to Workers' Compensation Law protection. The court also found plaintiff established a prima facie case under Labor Law § 240 (1) due to the ladder's failure. The Supreme Court's order was modified to grant plaintiff's cross-motion for summary judgment against Paul Davis Systems regarding its affirmative defense and the Labor Law § 240 (1) claim.
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