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LITTLE v. AAA SAWDUST CO., INC.

276 A.D.2d 754 (2000)

715 N.Y.S.2d 335

ANTHONY LITTLE, Respondent, v. AAA SAWDUST CO., INC., Respondent, and LIVIO FORTE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 30, 2000.

Ordered that the order is affirmed, with costs to the plaintiff.

The Supreme Court properly denied the appellant's motion for summary judgment, as a triable issue of fact remains with respect to the plaintiff's employment status (see, Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553; Kramer v NAB Constr. Corp., 250 A.D.2d 818; Fontus...

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