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MACCHIROLE v. GIAMBOI

97 N.Y.2d 147 (2001)

762 N.E.2d 346

736 N.Y.S.2d 660

ANTHONY MACCHIROLE et al., Appellants, v. JOSEPH A. GIAMBOI et al., Respondents.

Court of Appeals of the State of New York.

Decided December 13, 2001.

Attorney(s) appearing for the Case

Keller, O'Reilly & Watson, P. C., Woodbury (Kevin O'Reilly and Laurence McDonnell of counsel), for appellants.

Carol R. Finocchio, New York City, Lawrence B. Goodman and Law Offices of Arlene Zalayet, Mineola, for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

Plaintiff Anthony Macchirole was a union fireproofer and an employee of Giamboi Brothers, Inc. ("GBI"), a closely-held family corporation engaged in the fireproofing and plastering business. Plaintiff typically performed fireproofing work for GBI. Defendant Joseph Giamboi was the Chairman of the Board and a principal shareholder of GBI. In the spring of 1995, a GBI foreman requested at defendant's direction that plaintiff...

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