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LOGLISCI v. NIKO ASSOCIATES

303 A.D.2d 254 (2003)

755 N.Y.S.2d 838

JOSEPH LOGLISCI, Respondent, v. NIKO ASSOCIATES et al., Appellants, et al., Defendants.

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

Decided March 18, 2003.

An issue of fact as to whether plaintiff was defendants' special employee is raised by deposition testimony to the effect that defendants' supervisory control over plaintiff was less than comprehensive and exclusive and that plaintiff's general employer, the theater's apparent owner, continued to exercise some control over plaintiff's work (see Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553, 557, 558 [1991]). We have considered...

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