The court properly determined that triable issues were raised as to whether defendant Suazo was Sirkin's employee and whether Suazo was acting within the scope of his employment when he assaulted plaintiff. Although the contract between Suazo and Sirkin designates Suazo as an independent contractor, the contract, as well as other record evidence, shows that Sirkin employed Suazo as its building superintendent and exercised control over the methods and means by which his work...
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