EVANS v. CITICORP, N. A.


276 A.D.2d 370 (2000)

714 N.Y.S.2d 473

WILLIAM EVANS, Appellant-Respondent, v. CITICORP, N. A., Respondent, and RIVERDALE REALTY COMPANY, INC., Now Known as UNITED PROPERTIES GROUP, Respondent-Appellant, et al., Third-Party Plaintiffs, et al., Third-Party Defendant.

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

Decided October 19, 2000.


The action was properly dismissed as against the tenant upon a finding that plaintiff was its special employee. The record establishes that while third-party defendant paid plaintiff's salary and workers' compensation benefits, his duties were directed and controlled by the tenant, certain of whose employees he considered to be his supervisors with influence effectively amounting to authority to fire him (see, Thompson v Grumman Aerospace Corp., 78...

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