- Bookmark
- Share
- CaseIQ
LEONE v. R.A. MILLER HARDWOOD CO., INC
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 plaintiff's work ( see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557-558; Adams v. North-Star Constr. Co., 249 A.D.2d 1001; Eagen v. Harlequin Books, 229 A.D.2d 935; Lesanti v. Harmac Indus., 175 A.D.2d 664; cf., Walker v. Huber, 254 A.D.2d 734 [decided herewith]).
Alert