Leone v. R.A. Miller Hardwood Co.
Appellate Division of the Supreme Court of the State of New York
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
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Lesanti v. Harmac Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Adams v. North-Star Construction Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Eagen v. Harlequin Books Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Walker v. HuberAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- Rucci v. Cooper Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Ferguson v. National Gypsum Servs. Co.Appellate Division of the Supreme Court of the State of New York · 2019