NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted April 16, 2013
On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-0452-12.
Indik & McNamara, P.C., attorneys for appellant (Carl J. Dallarda and Martin K. Indik, on the briefs).
Archer & Greiner, P.C., attorneys for respondent (Patrick Papalia, of counsel; Michael R. Olszak, on the brief).
Before Judges Fisher and St. John.
Plaintiff IFuturistics appeals from a June 14, 2012 summary judgment order entered by the Law Division on behalf of defendant Avacorp, LLC. Following our review of the arguments advanced on appeal, in light of the record and applicable law, we affirm.
We briefly summarize the relevant procedural history and the facts based on the record before us.
IFuturistics is a software development company. In March 2010, IFuturistics entered into a professional services agreement with Avacorp, whereby IFuturistics would "provide AVACORP with the services of certain consultants." Prior to this agreement, IFuturistics entered into a business opportunity and liaison agreement with HRD Systems Inc. (HRD) to provide business opportunities to render computer professional services with third parties. One of these third parties was Avacorp.
Article II of the professional services agreement between IFuturistics and Avacorp provided that the consultants would not be employees of Avacorp, and that IFuturistics would be responsible with regard to the contractors for compliance with labor laws, withholding of taxes, and insurance and benefit coverage. However, all insurance required by the agreement had to be with insurers approved by Avacorp and Avacorp was to be named an alternate employer in the contractors' employer's liability policy. The agreement was to commence on the date following such date.
Attached to the agreement was a purchase order with the title "Candidate temporarily provided by Staffing Company as Consultant." Pursuant to this purchase order, Avacorp would pay IFuturistics $55 per hour for the consultant's work.
IFuturistics procured the names of consultants and provided their information and resumes to Avacorp. IFuturistics then set up an interview between Avacorp and Adithi Raghuram, who was an HRD employee. Raghuram began working for Avacorp around March 15, 2010. Raghuram performed her work at Avacorp's offices, however, the work she performed was for a client ...