Majority
p. 734James P. Leone, Sr., Appellant, v R.A. Miller Hardwood Co., Inc., Respondent. [678 NYS2d 561]
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff was a special employee of defendant. At the time of the accident, plaintiff was a general employee of a temporary employment agency that had placed him as a general laborer with defendant. The undisputed facts establish that defendant exercised complete and exclusive control over the manner, details and ultimate results of plaintiffs work (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553 , 557-558; Adams v North-Star Constr. Co., 249 AD2d 1001 ; Eagen v Harlequin Books, 229 AD2d 935 ; Lesanti v Harmac Indus., 175 AD2d 664 ; cf., Walker
p. 735
v Huber, 254 AD2d 734 [decided herewith]). (Appeal from Order of Supreme Court, Niagara County, Fahey, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.
Cases cited
- Thompson v. Grumman Aerospace Corp. 78 NY2d 553 at 557-558 p. 734
- Eagen v. Harlequin Books Inc. 229 AD2d 935 p. 734
- Lesanti v. Harmac Industries, Inc. 175 AD2d 664 p. 734