LEONE v. R.A. MILLER HARDWOOD CO., INC.


254 A.D.2d 734 (1998)

678 N.Y.S.2d 561

James P. Leone, Sr., Appellant, v. R.A. Miller Hardwood Co., Inc., Respondent

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

October 2, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff was a special employee of defendant. At the time of the accident, plaintiff was a general employee of a temporary employment agency that had placed him as a general laborer with defendant. The undisputed facts establish that defendant exercised complete and exclusive control over...

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