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REYES v. ROMAN CATHOLIC CHURCH

11113.

180 A.D.3d 590 (2020)

116 N.Y.S.3d 568

2020 NY Slip Op 01290

Felipe Reyes, Respondent-Appellant, v. The Roman Catholic Church of St. Raymond, Doing Business as St. Raymond Academy for Girls, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. ABM Janitorial Services-Northeast, Inc., Third-Party Defendant-Respondent.

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

Decided February 25, 2020.

The evidence demonstrates that plaintiff was St. Raymond's special employee. Although plaintiff was employed by third-party defendant ABM Janitorial Services-Northeast, Inc. (ABM), St. Raymond's facilities manager supervised, directed and controlled plaintiff's work, and his work was completed solely for the benefit of St. Raymond (see Vincente v Silverstein Props., Inc., 83 A.D.3d 586, 587 [1st Dept 2011], lv denied

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