Kurcias v. 1043 Rest. Corp.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about October 14, 2016, which denied the motion of defendant 1043 Restaurant Corp. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant did not establish entitlement to judgment as a matter of law in this action for personal injuries sustained when an unidentified bicycle delivery person struck plaintiff as she crossed the street. Defendant failed to demonstrate that the bicycle delivery person was not its employee. Although several of its delivery personnel…