Carinha v. Action Crane Corp.

Murphy, P. J. (concurring in part and dissenting in part).

When Garrido, the foreman, directed Harrington to place the crane in a particular location, Harrington did not automatically become a special employee of any of the S. & S. defendants by reason of that directive. (Stone v Bigley Bros., 309 NY 132.) The jury should have been permitted to decide whether Harrington, while setting up the crane for operation, remained in Action’s employ or had become, at that point in time, a special employee of one or more of the S. & S. defendants. With the exception of Drott’s cross claim, all other…