TYZ v. INTEGRITY REAL ESTATE AND DEVELOPMENT, INC.


43 A.D.3d 1038 (2007)

842 N.Y.S.2d 475

MATTHEW TYZ, Respondent, v. INTEGRITY REAL ESTATE AND DEVELOPMENT, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. INTEGRITY CONSTRUCTION AND CONSULTING SERVICES, INC., Defendant and Third-Party Defendant and Fourth-Party Plaintiff-Appellant, et al., Fourth-Party Defendant.

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

Decided September 18, 2007.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied that branch of the appellant's cross motion which was for summary judgment dismissing the third-party complaint. A triable issue of fact exists as to whether the plaintiff was an employee of the appellant or an independent contractor (

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