Supreme Court, Kings County · April 1, 2026 · 90 Misc 3d 276
Velazquez v Cropsey Props. LLC
Read the official decision: 90 Misc 3d 276
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Holding The court denied the general contractor’s motion to amend its answer to assert an affirmative defense under Workers’ Compensation Law § 11, ruling that the statute’s protections are limited to employers obligated to procure insurance, not contractors conditionally liable for benefits. The court further held that the contractor’s statutory duty under the Labor Law precludes it from claiming the exclusive remedy defense available to actual employers.
The court’s words
The protections of WCL § 11 (1) are specifically limited to the class of employers identified in the last preceding section
90 Misc 3d 276, at the official text
Unlike an employer, the contractor is conditionally liable, as a guarantor is conditionally liable
90 Misc 3d 276, at the official text
Section 56 is merely a device to secure enforcement of the act with relation to the real employer
90 Misc 3d 276, at the official text
| Court | Supreme Court, Kings County |
|---|---|
| Decided | April 1, 2026 |
| Citation | 90 Misc 3d 276 |
| Area of law | Workers’ Compensation and Unemployment |
| Week | Week ending April 4, 2026 |
| Official text | Official decision: 90 Misc 3d 276 |
| Source feed | New York advance sheet: 26nyadv42.pdf |
| Law Watch record id | 1506 |
Recommended citation
ESQ HQ, New York Law Watch, Velazquez v Cropsey Props. LLC, 90 Misc 3d 276 (Supreme Court, Kings County, April 1, 2026), https://esqhq.com/decisions/90-misc-3d-276/
How this record was made
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