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VINCENTE v. SILVERSTEIN PROPERTIES, INC.

4892, 13204/04, 4892A, 84179/04.

83 A.D.3d 586 (2011)

922 N.Y.S.2d 45

TIRSO VINCENTE, Appellant, v. SILVERSTEIN PROPERTIES, INC., et al., Respondents. SILVERSTEIN PROPERTIES, INC., Third-Party Plaintiff-Respondent, v. AMERICAN BUILDING MAINTENANCE CO. OF NEW YORK, Sued Herein as AMERICAN BUILDING MAINTENANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided April 26, 2011.

In this personal injury action, plaintiff was defendants' special employee, which entitled defendants to rely on the exclusive remedy provisions of the Workers' Compensation Law (see Workers' Compensation Law §§ 11, 29 [6]; see also Villanueva v Southeast Grand St. Guild Hous. Dev. Fund Co., Inc., 37 A.D.3d 155 [2007]). "A key factor in determining whether a special employment relationship exists is who controls...

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