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VARGAS v. BEER GARDEN, INC.

15 A.D.3d 277 (2005)

791 N.Y.S.2d 521

MANUEL VARGAS, Appellant, v. THE BEER GARDEN, INC., et al., Respondents, et al., Defendants. THE BEER GARDEN, INC., et al., Third-Party Plaintiffs-Respondents, v. GSS SECURITY SERVICE, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

February 17, 2005.

Under no reasonable view of the evidence could a jury find that the nightclub exercised sufficient control over the security guards on its premises to render it their special employer (see Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553, 557-558 [1991]). It does not avail plaintiff that the nightclub decided the number of guards needed on a particular night and where on its premises the guards should be posted at any given time...

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