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ANIKUSHINA v. MOODIE

58 A.D.3d 501 (2009)

870 N.Y.S.2d 356

NATALIA ANIKUSHINA, Appellant, v. COURTNEY D. MOODIE, Defendant, and CONSOLIDATED DELIVERY LOGISTICS, INC., et al., Respondents.

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

January 20, 2009.

The evidence presents a triable issue whether the corporate defendants exercised sufficient control over defendant Moodie's work to potentially render them liable for injuries plaintiff suffered when she was struck by a delivery van driven by Moodie (see Carrion v Orbit Messenger, 82 N.Y.2d 742 [1993]). Moodie performed delivery services only for Olympic Courier Systems, Inc., a subsidiary...

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