Appellate Division of the Supreme Court of New York, 1998

Leone v. R.A. Miller Hardwood Co.

Leone v. R.A. Miller Hardwood Co.
Appellate Division of the Supreme Court of New York · Decided October 2, 1998
254 A.D.2d 734; 678 N.Y.S.2d 561; 1998 N.Y. App. Div. LEXIS 10415
Leone v. R.A. Miller Hardwood Co.

Opinion of the Court

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 plaintiffs work (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557-558; Adams v North-Star Constr. Co., 249 AD2d 1001; Eagen v Harlequin Books, 229 AD2d 935; Lesanti v Harmac Indus., 175 AD2d 664; cf., Walker *735v Huber, 254 AD2d 734 [decided herewith]). (Appeal from Order of Supreme Court, Niagara County, Fahey, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.

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