Morehouse v. Daniels

Balio and Lawton, JJ.

(dissenting). We agree with the

majority that questions of fact exist concerning the working relationship between the plaintiff and defendants Daniels and Lagarois which require denial of summary judgment. We cannot agree, however, that plaintiff’s motion for partial summary judgment against defendant owners, Mario and Aida Centollella, were properly denied. Whether plaintiff is an employee of defendants Daniels and Lagarois, as he contends, or is a joint venturer or partner, as contended by the defendants Daniels and Lagarois, is not important with respect to plaintiff’s…