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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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No. 99 SSM 9
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
Relocation Services, Inc., the alleged special employer, overcame
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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
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