In Bautista v. David Frankel Realty, Inc., 54 AD3d 549 [1st Dept 2008] counsel argued that the injured porter was the managing agent's special employee, because the managing agent controlled the superintendent's work, and the superintendent, in turn, controlled the injured porter's work. The Court held that the fact that the superintendent exercised general supervisory authority over the injured porter from time to time was not sufficient to establish, as a matter of law, that the defendant managing agent was the injured porter's special employer.