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HOLMES v. BUSINESS RELOCATION SERVS., INC.

12040, 307726/11, 83912/12.

117 A.D.3d 468 (2014)

984 N.Y.S.2d 868

2014 NY Slip Op 3327

KEITH HOLMES, Respondent, v. BUSINESS RELOCATION SERVICES, INC., Defendant/Third-Party Plaintiff-Appellant. UNITED STAFFING SYSTEMS, INC., Third-Party Defendant-Respondent.

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

Decided May 8, 2014.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered August 5, 2013, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint as barred by the Workers' Compensation Law, affirmed, without costs.

Issues of fact exist as to whether defendant was the special employer of plaintiff. Plaintiff was assigned to work for defendant, for two days...

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