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CARDONE v. VILLA MARGHERITA, INC.

245 A.D.2d 257 (1997)

666 N.Y.S.2d 15

Anthony Cardone, Jr., Appellant, v. Villa Margherita, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion to dismiss certain affirmative defenses. These defenses would be barred by Workers' Compensation Law § 11 if the plaintiff were an employee of the defendant. The defendant has submitted sufficient proof to raise a material question of fact with respect to the exact nature of the plaintiff's employment relationship

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