PEWRITT v. COMPASS GROUP, USA, INC.

10930, 152558/14.

179 A.D.3d 626 (2020)

2020 NY Slip Op 00685

Bryant Pewritt, Respondent-Appellant, v. Compass Group, USA, Inc., Defendant, and Columbia University, Appellant-Respondent.

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

Decided January 30, 2020.


Plaintiff alleges that he was injured when he slipped and fell on a recently mopped floor while working as a temporary employee in Columbia's kitchen. The record presents a triable issue of fact as to whether Columbia assumed comprehensive and exclusive daily control of plaintiff's work duties, so that he became its special employee. There is evidence that the decision as to where plaintiff was to work from day to day was not made by Columbia, but by his general employer...

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