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BAILEY v. MONTEFIORE MEDICAL CENTER

12 A.D.3d 545 (2004)

784 N.Y.S.2d 383

LOVET BAILEY, Respondent, v. MONTEFIORE MEDICAL CENTER, Appellant.

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

November 22, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was placed in the defendant's medical facility as a nursing assistant by her general employer, Excel Staffing, which paid her salary and maintained workers' compensation coverage for her. However, the defendant unequivocally demonstrated that during the time the plaintiff worked for it, including...

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