SIERRA v. C.C. CONTROLLED COMBUSTION CO., INC.


308 A.D.2d 401 (2003)

764 N.Y.S.2d 629

OSCAR SIERRA et al., Respondents, v. C.C. CONTROLLED COMBUSTION CO., INC., Appellant, and MILSTEIN PROPERTIES CORP. et al., Respondents.

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

Decided September 25, 2003.


The court properly denied defendant-appellant's motion for summary judgment based on the exclusivity provisions of the Workers' Compensation Law (Workers' Compensation Law §§ 11, 29 [6]) since conflicting deposition testimony raises factual issues as to whether defendant-appellant exerted complete and exclusive control over plaintiff's work so as to render it plaintiff's special employer (see Thompson v Grumman Aerospace Corp., 78 N.Y.2d...

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