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MOLINA v. ROOSEVELT HOTEL

300 A.D.2d 195 (2002)

752 N.Y.S.2d 637

FRANKLYN MOLINA, Respondent, v. ROOSEVELT HOTEL, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided December 24, 2002.

An issue of fact exists as to whether plaintiff was the hotel's special employee at the time of the accident (cf. Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553, 557-558). Such issue is raised by the hotel's contract with plaintiff's general employer, a security company and third-party defendant herein, plaintiff's affidavit in opposition to the hotel's motion for summary judgment, and the hotel's third-party action against the...

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