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CARLOS ANGELUCCI, Respondent, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent GOTHAM BUILDING MAINTENANCE CORPORATION, Third-Party Defendant-Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

The trial court properly denied the motion of the third-party defendant Gotham Building Maintenance Corporation (hereinafter Gotham) for summary judgment as there is a question of fact regarding the employment status of the plaintiff and thus whether the action is barred pursuant to the Workers' Compensation Law ( see, Mathew v. Marriott Facility Mgt., 224 A.D.2d 668). The question of whether a special employment relationship exists is usually an issue of fact, and the issue may in some cases turn on the terms of a written contract ( see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557-558). Given the conflicting provisions of the contract between Gotham and the defendant third-party plaintiff, the City of New York, an issue of fact remains as to the plaintiff's employment relationship with them, which could not be resolved on a summary judgment motion ( see, Mathew v. Marriott Facility Mgt., supra, at 668).

Gotham's remaining contentions are without merit.

Thompson, J.P., Krausman, Goldstein and Luciano, JJ., concur.

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ANGELUCCI v. CITY OF NEW YORK
(May 18, 1998)