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ENRIQUE BAYONA, plf-res, v. THE HERTZ CORPORATION, def-ap

3537. ENRIQUE BAYONA, plf-res, v. THE HERTZ CORPORATION, def-ap — Rubin, Fiorella & Friedman LLP, New York (Paul Kovner of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, LLP, New York (Denise A. Rubin of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered on July 7, 2016, which denied defendant's summary judgment motion, and sua sponte granted plaintiff partial summary judgment to the extent of finding that plaintiff was not a special employee of defendant, and that the action is not barred under Workers Compensation Law, unanimously affirmed, without costs.

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3537. ENRIQUE BAYONA, plf-res, v. THE HERTZ CORPORATION, def-ap — Rubin, Fiorella & Friedman LLP, New York (Paul Kovner of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, LLP, New York (Denise A. Rubin of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered on July 7, 2016, which denied defendant’s summary judgment motion, and sua sponte granted plaintiff partial summary judgment to the extent of finding that plaintiff was not a special employee of defendant, and that the action is not barred under Workers Compensation Law, unanimously affirmed, without costs.

The parties do not dispute the facts in this action. The record establishes that plaintiff, a maintenance worker, is an employee of nonparty CB Richard Ellis. Plaintiff was assigned to work at two Hertz locations. Although Hertz management generally directed the manner, details, and result of plaintiff’s work, there is no evidence that Hertz had “complete and exclusive control” over such work or that CB Richard Ellis surrendered its right to control and direct plaintiff’s work (see Holmes v. Business Relocation Servs., Inc., 117 AD3d 468, 468 [1st Dept 2014], affd 25 NY3d 955 [2015]; Bharat v. Bronx Lebanon Hosp. Ctr., 106 AD3d 540, 540 [1st Dept 2013]; Bellamy v. Columbia Univ., 50 AD3d 160, 165 [1st Dept 2008]).

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