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CREAN v. QUEENS BOULEVARD TENANTS CORP.

252 A.D.2d 352 (1998)

675 N.Y.S.2d 533

Thomas Crean et al., Appellants, v. Queens Boulevard Tenants Corp., Respondent

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

July 2, 1998

Plaintiff will not be heard to assert that his employer was not defendant, but rather the building's managing agent, having accepted workers' compensation benefits awarded upon the basis that defendant was plaintiff's employer (Zabava v 178 E. 78, 212 A.D.2d 406). In any event, the undisputed evidence that defendant issued and was listed on plaintiff's W-2s as plaintiff's employer, that defendant paid plaintiff's wages, benefits...

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