Opinion
Submitted April 11, 2001.
May 7, 2001.
In an action to recover damages for personal injuries, the defendant Distribution Systems of America, Inc., appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated June 8, 2000, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Bruno, Gerbino Macchia, LLP, Melville, N.Y. (Steven D. Brower of counsel), for appellant.
Moskowitz, Passman Edelman, LLP (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondent.
Before: BRACKEN, P.J., FRIEDMANN, FLORIO, H. MILLER and TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment since there is a triable issue of fact as to whether the defendant Ruth Medina, whose job it was to deliver advertising materials supplied by the appellant along a specified route, was an employee of the appellant or an independent contractor (see, Carrion v. Orbin Messenger, 82 N.Y.2d 742; Matter of Rivera, 69 N.Y.2d 679, cert denied 481 U.S. 1049; Matter of Field Delivery Svc., 66 N.Y.2d 516; Matter of Di Martino, 59 N.Y.2d 638; Lane v. Lyons, 277 A.D.2d 428; Mason v. Spendiff, 238 A.D.2d 780).
The appellant's remaining contention is without merit.