Cruz v. Regent Leasing Ltd. Partnership

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered November 14, 2006, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

It is undisputed that plaintiff, a janitor in the employ of a management company, was not directly employed by defendant building owner, and the record does not contain evidence that, at the time of the alleged accident, plaintiff was acting as defendant’s special employee so as to entitle defendant to rely on the exclusive remedy provisions of the Workers’ Compensation Law (see Workers’…