CROSS v. SUPERSONIC MOTOR MESSENGER COURIER, INC.

1452, 309242/09.

140 A.D.3d 503 (2016)

33 N.Y.S.3d 252

2016 NY Slip Op 04676

GREGORY CROSS et al., Respondents, v. SUPERSONIC MOTOR MESSENGER COURIER, INC., et al., Defendants, CONTINENTAL COURIER, INC., Appellant, and ARTURO CANINI-SOTO et al., Respondents.

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

Decided June 14, 2016.


Plaintiff Gregory Cross alleged that on November 13, 2008, he suffered injuries in the scope of his employment with Modell's Sporting Goods while unloading a delivery of supplies from defendant W.W. Grainger, Inc. from a Continental truck driven by defendant Arturo Canini-Soto, who was employed by Continental.

Drawing all reasonable inferences in the nonmovant's favor, questions of fact exist as to whether defendant Arturo Canini-Soto was an independent contractor...

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