Bayona v. Hertz Corp.

Order, Supreme Court, New York County (Debra A. James, J.), entered on July 7, 2016, which denied defendant’s summary judgment motion, and sua sponte granted plaintiff partial summary judgment to the extent of finding that plaintiff was not a special employee of defendant, and that the action is not barred under Workers’ Compensation Law, unanimously affirmed, without costs.

The parties do not dispute the facts in this action. The record establishes that plaintiff, a maintenance worker, is an employee of nonparty CB Richard Ellis. Plaintiff was assigned to work at two Hertz locations. Although…