Holmes v Business Relocation Servs., Inc.

Holmes v Business Relocation Servs., Inc. 2015 NY Slip Op 02557 Decided on March 26, 2015 Court of Appeals 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 March 26, 2015
No. 99 SSM 9

[*1]Keith Holmes, Respondent,

v

Business Relocation Services, Inc., Third-Party Plaintiff-Appellant, United Staffing Systems, Inc., Third-Party Defendant-Respondent.

Submitted by Daniel S. Kotler, for third-party plaintiff-appellant.

Submitted by Blake G. Goldfarb, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. As a matter of law, it cannot be said that Business [*2]Relocation Services, Inc., the alleged special employer, overcame the presumption of continuing general employment by "clear[ly] demonstrati[ng] . . . surrender of control by the general employer and assumption of control by the special employer" (Thompson v Grumman Aerospace Corp. , 78 NY2d 553, 557 [1991]). The Appellate Division correctly determined that issues of fact remained as to the alleged special employment relationship.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Decided March 26, 2015