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HARRIS v. PELHAM PARKWAY NURSING CARE & REHABILITATION FACILITY LLC

Index No. 29462/20E. Appeal No. 14765. Case No. 2021-03220.

200 A.D.3d 453 (2021)

155 N.Y.S.3d 80

2021 NY Slip Op 06800

Mariantha Harris, Appellant, v. Pelham Parkway Nursing Care and Rehabilitation Facility LLC, Respondent.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Law Office of Lizzette Muniz, LLC, New York ( Lizzette A. Muniz of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, Valhalla ( Shannon Henderson of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.

Plaintiff established prima facie that she was not defendant's general or special employee at the time of her slip and fall accident, but was employed solely by nonparty Clear Choice, P.C. (see Workers' Compensation Law §§ 11, 29[6]; Bellamy v Columbia Univ., 50 A.D.3d 160 [1st Dept 2008]). She submitted an affidavit that she was directed, supervised, and trained by Clear Choice's president, and her employment agreement...

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