BYNOG v. CIPRIANI GROUP, INC.


298 A.D.2d 164 (2002)

748 N.Y.S.2d 9

SHYRON BYNOG et al., Appellants, v. CIPRIANI GROUP, INC., et al., Respondents, et al., Defendants. (And Another Action.)

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

Decided October 8, 2002.


Notwithstanding that plaintiffs were under contract to codefendant temporary employment agency, the action should not have been dismissed on the ground that plaintiffs were not employees of respondents, where respondents required plaintiffs to adhere to strict guidelines on how and when to serve food and set tables, wear uniforms, including a pin identifying them as respondents' employees, and perform the same functions as respondents' own permanent, unionized waiters, to...

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