Legal Opinion

Leone v. R.A. Miller Hardwood Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 1998PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff was a special employee of defendant. At the time of the accident, plaintiff was a general employee of a temporary employment agency that had placed him as a general laborer with defendant. The undisputed facts establish that defendant exercised complete and exclusive control over the manner, details and ultimate results of plaintiffs work (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557-558; Adams v…

2Cases cited5 opinions

  1. Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
  2. Lesanti v. Harmac Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Adams v. North-Star Construction Co.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Eagen v. Harlequin Books Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Walker v. HuberAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Rucci v. Cooper Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Ferguson v. National Gypsum Servs. Co.Appellate Division of the Supreme Court of the State of New York · 2019

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