Holmes v. Business Relocation Services, Inc.
Cases that cite this one
6 later published cases cite this decision.
- Winkler v. Halmar Intl., LLC (Appellate Division of the Supreme Court of New York 2021)
- Winkler v. Halmar Intl., LLC (Appellate Division of the Supreme Court of New York 2021)
- Cassidy v. Greater N.Y. Auto. Dealers Assn., Inc. (Appellate Division of the Supreme Court of New York 2019)
- Bayona v. Hertz Corp. (Appellate Division of the Supreme Court of New York 2017)
- Cartagena v. Access Staffing, LLC (Appellate Division of the Supreme Court of New York 2017)
- The People v. Glenford C. Hull (N.Y. 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. As a matter of law, it cannot be said that Business Relocation Services, Inc., the alleged special employer, overcame the presumption of continuing general employment by “clear [ly] demonstrati [ng] . . . surrender of control by the general employer and assumption of control by the special employer” (Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557 [1991]). The Appellate Division correctly determined that issues of fact remained as to the alleged special employment relationship.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.