Summary: Vilson Demaj v. Pelham Realty, LLC, 82 A.D.3d 531, 918 N.Y.S.2d 459 (1st Dept. 2011) (Mar. 15, 2011). At the time of his injury, the plaintiff was painting and plastering a building and was protected under §240(1). The court rejected the recalcitrant worker and soleproximate cause defenses. Further, the court refused to hold that plaintiff was a special employee of one of the defendants for the purposes of the workers’ compensation defense.
Practice Note: Defendant denied that it was the employer before the Workers’ Compensation Board.