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WARNICK v. 1211 SOUTHERN BOULEVARD LLC

6959, 17576/07, 84146/08.

93 A.D.3d 402 (2012)

939 N.Y.S.2d 414

2012 NY Slip Op 1546

RONALD WARNICK, Respondent, v. 1211 SOUTHERN BOULEVARD LLC et al., Respondents, and UNIVERSAL CEILING LTD., Appellant. (And a Third-Party Action.)

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

Decided March 1, 2012.

Universal Ceiling (Ceiling) established prima facie that its foreman at the job site, Zbigniew Kulikowski, was a special employee of defendant Universal Contracting Co. (Contracting), the general contractor for the project (see Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553, 557-558 [1991]). Ceiling and Contracting, while separate entities, share the same president, who testified that Kulikowski was Ceiling's employee and had...

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