The evidence presents triable issues of fact regarding whether plaintiff was a special employee of defendant A.R. Vays at the time plaintiff sustained his injuries. Questions of fact were raised by the testimony of Fred Vays, the president of A.R. Vays, with respect to whether the company had the requisite degree of supervision and control over plaintiff's work so as to qualify as a special employer. At his first deposition, Mr. Vays testified that he had two on-site supervisors...
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