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Court Upholds Dismissal of Claim by Worker Hired Without Consent of Owners, Contractors

Thursday, March 16, 2023 | 0

A New York appellate court upheld the dismissal of a Labor Law claim by a worker who was surreptitiously hired by a nonsupervisory subcontractor’s employee. Case: Garcia v. 13 W. 38 LLC, No. 300076/15, 03/02/2023, published. Facts: Anthony G. Garcia allegedly suffered injuries while working on a construction project. Uplift Elevator Corp. was a subcontractor on the project, and a nonsupervisory employee of Uplift purportedly hired Garcia to come do work. He allegedly did so without the knowledge or authorization of Uplift or any other contractor, and he paid Garcia in cash for his wor...

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