Jurisdiction: Supreme Court of New York, New York County
Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an employee of Morse Diesel at a jobsite near Brooklyn Law School. In further support, Morse Diesel provided an affidavit from its corporate representative stating that they carry workers’ compensation insurance.…
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