Cruz v. HSS Properties Corp.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about October 29, 2002, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff Leonardo Cruz, an employee hired by nonparty Hospital for Special Surgery, was injured while working as a custodian at a residence for hospital staff owned by defendant HSS Properties Corporation. It is unclear, however, whether plaintiff’s immediate supervisors were employed by defendant or by the Hospital. For the purpose of restricting plaintiff to his remedies under the…