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BELLAMY v. COLUMBIA UNIV.

50 A.D.3d 160 (2008)

851 N.Y.S.2d 406

DENNIS BELLAMY, Respondent, v. COLUMBIA UNIVERSITY, Appellant.

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

January 31, 2008.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Cheryl F. Korman and Evan H. Krinick of counsel), for appellant.

Quaranta & Associates, Mount Kisco (Kevin J. Quaranta and Virginia D. Mallon of counsel), for respondent.

MAZZARELLI and BUCKLEY, JJ., concur with LIPPMAN, P.J.; FRIEDMAN and MARLOW, JJ., dissent in a separate opinion by MARLOW, J.

OPINION OF THE COURT

LIPPMAN, P.J.

Plaintiff alleges that he sustained injuries when, while temporarily assigned by his employer, Troy Associates, a temporary employment agency, to work in one of defendant University's kitchens, he slipped on a wet, greasy substance that had been permitted to remain on the kitchen floor. It is undisputed that at the time of the accident Troy was plaintiff's employer; it paid plaintiff's salary and benefits, including workers...

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