Valenziano v. Niki Trading Corp.

Order, Supreme Court, New York County (Louis B. York, J.), entered June 1, 2004, which denied defendants-appellants’ motion for summary judgment and dismissal of the complaint, *819unanimously modified, on the law, the action stayed, and the matter remanded to the IAS court with the direction that it refer the case to the Workers’ Compensation Board for determination as to whether plaintiff was an employee of G. Holdings Corp. on the date of his accident, with leave to renew the motion, if defendant is so advised, after determination by the Workers’ Compensation Board, and otherwise affirmed,…