The action, as against a special employer, is barred by Workers' Compensation Law §§ 11 and 29. There is a rebuttable presumption against special employment. In order to rebut the presumption, the defendant must show conclusively that it had assumed exclusive control over the manner, details, and ultimate result of the employee's work.
Winkler v. Halmar Intl., LLC, NY Slip Op 06569 (1st Dep't November 23, 2021)
