Ordered that the order is affirmed, with costs.
Under the facts of this case, there is an issue of fact as to whether the nonmoving defendant Michael Hankewycz was an independent contractor or an employee of Eastflo, Inc. Where the record raises "a question with respect to the nature of the relationship between the tortfeasor and his alleged principal, summary judgment is not warranted" (Carrion v Orbit Messenger,
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