Thompson v. Grumman Aerospace Corporation

In Thompson v. Grumman Aerospace Corporation, 78 NY2d 553 (1991), the Court of Appeals analyzed the various factors involved in determining whether special employment status exists, as well as guidance provided by case law on the subject. The Court explained that: "A special employee is described as one who is transferred for a limited time of whatever duration to the service of another ... . General employment is presumed to continue, but this presumption is overcome upon clear demonstration of surrender of control by the general employer and assumption of control by the special employer ... While not determinative, a significant and weighty feature has emerged that focuses on who controls and directs the manner, details and ultimate result of the employee's work." Id. at 557.