New York Court of Appeals

James R. Gibson, Respondents v. Worthington Division of McGraw-Edison Company, Appellant. (And a Third-Party…

November 25, 199178 N.Y.2d 1108

Summary

The New York Court of Appeals reversed the Appellate Division, granting the defendant’s cross‑motion for summary judgment and dismissing the plaintiff’s statutory cause of action. The Court held that the plaintiff was not an employee under the Labor Law and therefore could not rely on its protections.