GARNER v. TWO EXCH. PLAZA PARTNERS


215 A.D.2d 352 (1995)

625 N.Y.S.2d 649

Yolanda Garner, Respondent, v. Two Exchange Plaza Partners, Defendant, and Sun Micro Systems, Inc., Appellant

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

May 1, 1995


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The record on appeal demonstrates that the plaintiff was placed with the appellant to perform certain receptionist duties. While working for the appellant, the plaintiff's work was directed and controlled exclusively by employees of the appellant. Therefore, the Supreme Court erred in failing to find that the plaintiff was a "special employee" of the...

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