Although in some respects that issue implicates an ultimate factual determination as well as a legal conclusion, there are material issues of subsidiary facts concerning the working relationship between the parties that are unresolved on this record. Consequently, the matter was not amenable to summary judgment. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 666 A.2d 146 (1995). We note, in addition, that MacDougall did not present the issue of his employment status on appeal until he filed his reply brief, raising the possibility that the question of employment was not fully presented. Therefore, we remand the case to the trial court to determine whether MacDougall was Weichert’s employee for purposes of invoking a cause of action based on w 9, 390 A.2d 149 (Law Div.1978) (<HOLDING>). A vague, controversial, unsettled, and
holding that a litigant is not required to perform useless acts recognizing that where a plaintiff failed to perform because of the defendants breach the plaintiff could recover damages caused by the defendants breach holding that the right of action accrued upon failure to perform contract holding plaintiff not required to perform its residual contract obligations after defendants material breach holding that complaint alleging that plaintiff xray technician was fired for refusing to perform cathet erizations which she could not legally perform stated a cause of action