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RAMOS v. 110 BENNETT AVE., LLC

11074.

180 A.D.3d 554 (2020)

119 N.Y.S.3d 114

2020 NY Slip Op 01251

Alejo Ramos, Respondent, v. 110 Bennett Avenue, LLC, et al., Appellants.

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

Decided February 20, 2020.

Owner failed to establish that plaintiff was its special employee when plaintiff's accident occurred on Owner's property. Although plaintiff worked as the superintendent of Owner's property, there is no evidence that Owner assumed exclusive control over "the manner, details and ultimate result of the employee's work" (Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553, 558 [1991]). Rather, the evidence shows that employees of defendant...

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