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Property Owner Fails to Prove Exclusive Remedy Defense but Gets Summary Judgment

Tuesday, October 24, 2023 | 0

A New York appellate court ruled that a property owner was not entitled to summary judgment dismissing a tort suit under the exclusive remedy provisions of the Workers' Compensation Law, but it was entitled to summary judgment based on its status as an out-of-possession landlord. Case: Black v. 465 Payne Ave. LLC, No. 701 CA 22-01492, 10/06/2023, published. Facts: Darcy M. Black slipped and fell on uncovered laminate flooring in the entryway of a building that was owned by 465 Payne Ave. LLC. The company leased the building to a related corporation, and it was occupied by Black&rsqu...

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