Edgar v. State

Appellate Division of the Supreme Court of New York

Edgar v. State

214 A.D.2d 1031, 626 N.Y.S.2d 617

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1995

DocketClaim No. 85097

StatusPublished

This text of 214 A.D.2d 1031 (Edgar v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edgar v. State, 214 A.D.2d 1031, 626 N.Y.S.2d 617 (N.Y. Ct. App. 1995).

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Opinion

Judgment unanimously reversed on the law with costs and claim reinstated. Memorandum: The Court of Claims erred in determining that Officer Jones was a "special employee” of the Jefferson County Sheriff’s Department (County) at the time of claimant’s injury. The presumption that the general employer remains the sole employer can be rebutted by clear proof of surrender of control (Stone v Bigley Bros., 309 NY 132; Brooks v Chemical Leaman Tank Lines, 71 AD2d 405, 407). Defendant has failed to meet its burden of proving that it had surrendered control of Officer Jones, and furthermore there is no proof that the County exercised any control. (Appeal from Judgment of Court of Claims, Bell, J.—Negligence.) Present— Green, J. P., Lawton, Fallon, Callahan and Boehm, JJ.

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Judgment unanimously reversed on the law with costs and claim reinstated. Memorandum: The Court of Claims erred in determining that Officer Jones was a "special employee” of the Jefferson County Sheriff’s Department (County) at the time of claimant’s injury. The presumption that the general employer remains the sole employer can be rebutted by clear proof of surrender of control (Stone v Bigley Bros., 309 NY 132; Brooks v Chemical Leaman Tank Lines, 71 AD2d 405, 407). Defendant has failed to meet its burden of proving that it had surrendered control of Officer Jones, and furthermore there is no proof that the County exercised any control. (Appeal from Judgment of Court of Claims, Bell, J.—Negligence.) Present— Green, J. P., Lawton, Fallon, Callahan and Boehm, JJ.

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Bluebook (online)

214 A.D.2d 1031, 626 N.Y.S.2d 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgar-v-state-nyappdiv-1995.

Opinion

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