From Casetext: Smarter Legal Research

Garner v. Two Exchange Plaza Partners

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 352 (N.Y. App. Div. 1995)

Opinion

May 1, 1995

Appeal from the Supreme Court, Kings County (Golden, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The record on appeal demonstrates that the plaintiff was placed with the appellant to perform certain receptionist duties. While working for the appellant, the plaintiff's work was directed and controlled exclusively by employees of the appellant. Therefore, the Supreme Court erred in failing to find that the plaintiff was a "special employee" of the appellant as a matter of law and in denying the appellant's motion to dismiss the complaint as barred by the Workers' Compensation Law (see, Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553; Schulze v Associated Univs., 212 A.D.2d 588; Hoskins v MIA Assocs., 201 A.D.2d 459; Carreras v Lawrence Aviation Indus., 201 A.D.2d 693; Cameli v Pace Univ., 131 A.D.2d 419). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.


Summaries of

Garner v. Two Exchange Plaza Partners

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 352 (N.Y. App. Div. 1995)
Case details for

Garner v. Two Exchange Plaza Partners

Case Details

Full title:YOLANDA GARNER, Respondent, v. TWO EXCHANGE PLAZA PARTNERS, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1995

Citations

215 A.D.2d 352 (N.Y. App. Div. 1995)
625 N.Y.S.2d 649

Citing Cases

Zylinski v. Garito Contracting

He "cannot create an issue of fact by making statements in an affidavit which completely contradict his prior…

Rotoli v. Domtar, Inc.

Although plaintiff contends that "[n]o one directed [him] in [his] everyday work," and that he "determined…