PANTANO v. NEW YORK SHIPPING

A-19 September Term 2022 087217.

294 A.3d 1148 (2023)

254 N.J. 101

Philip PANTANO and Phyllis Pantano, Plaintiffs-Respondents, v. NEW YORK SHIPPING ASSOCIATION, Container Services, Inc., Hyster-Yale Group, Inc., 303 Doremus Urban Renewal, NAP Realty Corporation, Eastern Lift Truck Co., Inc., Metropolitan Marine Maintenance Contractors' Association, Inc., and Port Technical Training Institute, Defendants, and Marine Transport, Inc., Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 5, 2023.


Attorney(s) appearing for the Case

Patrick B. Minter, Morristown, argued the cause for appellant (Donnelly Minter & Kelly, attorneys; Patrick B. Minter and Jared J. Limbach, of counsel and on the briefs, and David M. Blackwell, on the briefs).

Matthew A. Schiappa argued the cause for respondents (Lomurro, Munson, Comer, Brown & Schottland, attorneys; Matthew A. Schiappa, Cedar Knolls, and Christina Vassiliou Harvey, Freehold, of counsel and on the briefs).

JUDGE SABATINO (temporarily assigned) delivered the opinion of the Court.


This personal injury case involves the application of the multi-factor test we announced in Galvao v. G.R. Robert Construction Co., 179 N.J. 462, 471-73, 846 A.2d 1215 (2004), for evaluating whether a worker who negligently caused a plaintiff's jobsite injury was a so-called "borrowed employee" of the plaintiff's own employer. Our grant of certification is confined to whether an employer...

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