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STAMPONE v. CONSOLIDATED EDISON, INC.

8670, 115992/07.

100 A.D.3d 573 (2012)

954 N.Y.S.2d 450

2012 NY Slip Op 8233

NICOLA STAMPONE et al., Respondents, v. CONSOLIDATED EDISON, INC., et al., Appellants.

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

November 29, 2012.

The motion court properly denied defendants' motion to dismiss. There are questions of fact as to whether a special employment relationship exists between plaintiff and defendants, including who controlled and directed the manner, details, and ultimate result of plaintiff's work (see Vincente v Silverstein Props., Inc., 83 A.D.3d 586 [1st Dept 2011], lv denied 17 N.Y.3d 710 [2011]; Bautista...

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