In a prior, unappealed order, the motion court dismissed the complaint against Heller based on its claim, acknowledged by Dynasty, that Heller and Dynasty were oral joint venturers with respect to the electrical work they were performing on the site, and that plaintiff, who was Dynasty's actual employee, was therefore Heller's employee as well for purposes of this particular job. By the same reasoning, if Heller is contractually obligated to indemnify the owner for plaintiff...
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