Opinion
2012-11-29
Nicola STAMPONE, et al., Plaintiffs–Respondents, v. CONSOLIDATED EDISON, INC., et al., Defendants–Appellants.
Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for appellants. The Yankowitz Law Firm, P.C., Great Neck (Andrew S. Koenig of counsel), for respondents.
Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of counsel), for appellants. The Yankowitz Law Firm, P.C., Great Neck (Andrew S. Koenig of counsel), for respondents.
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about January 30, 2012, which, to the extent appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court properly denied defendants' motion to dismiss. There are questions of fact as to whether a special employment relationship exists between plaintiff and defendants, including who controlled and directed the manner, details, and ultimate result of plaintiff's work ( see; Vincente v. Silverstein Props., Inc., 83 A.D.3d 586, 922 N.Y.S.2d 45 [1st Dept. 2011],lv. denied17 N.Y.3d 710, 930 N.Y.S.2d 554, 954 N.E.2d 1180 ; Bautista v. David Frankel Realty, Inc., 54 A.D.3d 549, 550, 863 N.Y.S.2d 638 [1st Dept. 2008] ).