In Warner v. Continuum Health Care Partners, Inc., 99 AD3d 636 (1st Dept. 2012) the Appellate Division found that the plaintiff, a scrub nurse assigned by the defendant temporary staffing service to St. Luke's Hospital, was a special employee of the hospital so as to bar the plaintiff's personal injury action. Even though she was paid by the temporary staffing service, the hospital interviewed her and had authority to fire her, she was supervised by hospital employees, was assigned to the operating room or other locations by and with permanent hospital staff and she worked exclusively for that hospital for four years.