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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
CourtSupreme Court, Kings County
DecidedApril 1, 2026
Citation90 Misc 3d 276
Area of lawWorkers’ Compensation and Unemployment
WeekWeek ending April 4, 2026
Official textOfficial decision: 90 Misc 3d 276
Source feedNew York advance sheet: 26nyadv42.pdf
Law Watch record id1506

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

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published April 1, 2026. Updated November 14, 2026.