| White v Metropolitan Opera Assn., Inc. |
| 2020 NY Slip Op 00076 [179 AD3d 436] |
| January 7, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Wendy White, Respondent, v Metropolitan Opera Association, Inc., Appellant. |
Katz & Rychik, P.C., New York (Abe M. Rychik of counsel), for appellant.
Edelman & Edelman, P.C., New York (David M. Schuller of counsel), for respondent.
Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered May 15, 2019, which granted plaintiff's motion to dismiss defendant's second affirmative defense and for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
The motion court properly determined that plaintiff is specifically excluded as an "employee" of defendant for purposes of the Workers' Compensation Law, and that the special employee doctrine cannot be used to deem her an "employee" of defendant for purposes of the Workers' Compensation Law (see 2017 McKinney's Session Laws of NY, ch 23, § 1). Concur—Friedman, J.P., Webber, Singh, Moulton, JJ. [Prior Case History: 64 Misc 3d 290.]