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QUIK PARK WEST 57 LLC v. BRIDGEWATER OPERATING CORPORATION

651524/13, 3339, 3338.

148 A.D.3d 444 (2017)

2017 NY Slip Op 01660

49 N.Y.S.3d 112

QUIK PARK WEST 57 LLC et al., Appellants-Respondents/Respondents, v. BRIDGEWATER OPERATING CORPORATION, Respondent-Appellant/Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 7, 2017.

An agency relationship results from a manifestation of consent by one entity to another that the agent shall act on the principal's behalf and subject to the principal's control (see Gulf Ins. Co. v Transatlantic Reins. Co., 69 A.D.3d 71, 96-97 [1st Dept 2009]). As a general rule, control of the method and means by which work is to be performed is a critical factor in determining whether one is an independent contractor or an employee...

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