Grilikhes v. International Tile & Stone Show, 90 A.D.3rd 480, 934 N.Y.S.2d 384 (1st Dep’t. 2011).

Appellate Division, First Department affirms the grant of summary judgment to K& R’s client, Metropolitan Exposition Services, Inc.  (“MES”) on the basis that Plaintiff was a “special employee” of MES, even though he was on the payroll of defendant New York Convention Center  Development Corporation (“NYCCOC”).

Plaintiff, Bruce Grilikhes allegedly sustained injuries as a union carpenter while dismantling a vendor’s booth for MES at a trade show at the Jacob Javits Convention Center. While NYCCOC issued plaintiff’s paycheck and paid workers compensation benefits, MES gave plaintiff a list of tasks to complete each day and supplied him with all necessary work materials, including safety equipment. Plaintiff testified at his deposition that he considered MES his supervisor and MES similarly testified that it determined plaintiff’s work hours and work detail. MES also had the right to instruct NYCCOC not to send the worker back to the show.

The Court concluded, as a matter of law, that MES was plaintiff’s  “special employer” and therefore plaintiff’s Labor Law claims were barred under the Workers’ Compensation Law. The grant of summary judgment was unanimously affirmed.