BAYONA v. HERTZ CORP.

3537, 107919/11.

148 A.D.3d 608 (2017)

2017 NY Slip Op 02379

50 N.Y.S.3d 353

ENRIQUE BAYONA, Respondent, v. HERTZ CORPORATION, Appellant.

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

Decided March 28, 2017.


The parties do not dispute the facts in this action. The record establishes that plaintiff, a maintenance worker, is an employee of nonparty CB Richard Ellis. Plaintiff was assigned to work at two Hertz locations. Although Hertz management generally directed the manner, details, and result of plaintiff's work, there is no evidence that Hertz had "complete and exclusive control" over such work or that CB Richard Ellis surrendered its right to control and direct plaintiff's...

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