The Supreme Court properly denied the appellant's motion for summary judgment since there is a triable issue of fact as to whether the defendant Ruth Medina, whose job it was to deliver advertising materials supplied by the appellant along a specified route, was an employee of the appellant or an independent contractor (see, Carrion v Orbit Messenger,
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ERNY v. DISTRIBUTION SYSTEMS OF AMERICA, INC.
283 A.D.2d 391 (2001)
724 N.Y.S.2d 622
MAGDALYNNE ERNY, Respondent, v. DISTRIBUTION SYSTEMS OF AMERICA, INC., Appellant, et al., Defendant. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
Decided May 7, 2001.
Decided May 7, 2001.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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