1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 25 N.Y.3d
  5. 25 N.Y.3d 955 (2015)
 

HOLMES v. BUSINESS RELOCATION SERVICES, INC.

No. 99 SSM 9

25 N.Y.3d 955 (2015)

30 N.E.3d 896

8 N.Y.S.3d 253

2015 NY Slip Op 02557

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

Court of Appeals of New York.

Decided March 26, 2015.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York City ( Daniel S. Kotler of counsel), for third-party plaintiff-appellant.

Burns & Harris, New York City ( Blake G. Goldfarb of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, PiGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. As a matter of law, it cannot be said that Business Relocation Services, Inc., the alleged special employer, overcame the presumption of continuing general employment by "clear[ly] demonstrati[ng] ... surrender of control by the general employer and assumption of control by the special employer" (

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases