Stampone v Consolidated Edison, Inc.

Stampone v Consolidated Edison, Inc. 2012 NY Slip Op 08233 Decided on November 29, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 29, 2012
Andrias, P.J., Friedman, DeGrasse, Román, Gische, JJ.
8670 115992/07

[*1]Nicola Stampone, et al., Plaintiffs-Respondents, ——

v

Consolidated Edison, Inc., et al., Defendants-Appellants.




Fabiani Cohen & Hall, LLP, New York (Kevin B. Pollak of
counsel), for appellants.
The Yankowitz Law Firm, P.C., Great Neck (Andrew S. Koenig
of counsel), for respondents.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about January 30, 2012, which, to the extent appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court properly denied defendants' motion to dismiss. There are questions of fact as to whether a special employment relationship exists between plaintiff and defendants, including who controlled and directed the manner, details, and
ultimate result of plaintiff's work (see ; Vincente v Silverstein Props., Inc., 83 AD3d 586 [1st Dept 2011], lv denied 17 NY3d 710; Bautista v David Frankel Realty, Inc., 54 AD3d 549, 550 [1st Dept 2008]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 29, 2012

CLERK