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MATTER OF POPULAR CONTRACTING, INC. v. KHOKAR

303 A.D.2d 590 (2003)

756 N.Y.S.2d 482

In the Matter of POPULAR CONTRACTING, INC., Respondent, v. TARIQ M. KHOKAR, Appellant.

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

Decided March 17, 2003.

Ordered that the order is affirmed, with costs.

The evidence at the hearing, including certified payrolls, W-2 forms, and cancelled checks, supported the conclusion that the appellant lienholder was an employee, rather than a subcontractor, on the subject public improvement construction project (see Lien Law § 5; Cameron Equip. Corp. v People of the State of N.Y., 31 A.D.2d 299 [1969], affd

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