KINNEY v. KUHN


122 A.D.2d 569 (1986)

George T. Kinney et al., Appellants, v. John S. Kuhn, Also Known as John Kuhn & Son, Respondent. (And Third-and Fourth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1986


Order unanimously reversed, on the law, with costs, and motion denied.

Memorandum:

In granting summary judgment to defendant Kuhn, Special Term ruled as a matter of law that plaintiff, when injured, was a special employee of Kuhn and thus was barred from bringing this personal injury action. We disagree. There are factual issues which must be resolved at trial (see, Sillman v Twentieth Century-Fox Film...

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