BYRNE v. POWER


309 A.D.2d 595 (2003)

765 N.Y.S.2d 351

ROBERT BYRNE, Respondent, v. JOHN POWER et al., Respondents, and 502-508 WEST 180TH STREET CORP., Appellant, et al., Defendants.

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

Decided October 14, 2003.


Under the particular circumstances presented, the check issued from defendant 502-508 West 180th Street Corp. to plaintiff sufficed to raise an issue of fact as to whether that defendant was plaintiff's employer and thus subject to liability in that capacity in this Labor Law action. Plaintiff testified at his deposition that the subject check was issued in payment for work he performed on the job prior to the time of the accident. He also testified that he worked for defendant...

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