MUJICA v. STATE


24 A.D.3d 898 (2005)

805 N.Y.S.2d 194

RODRIGO H. MUJICA et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 104358.)

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

December 8, 2005.


ROSE, J.

Claimants, who are per diem court interpreters, commenced this action in May 2001 alleging that, beginning in 1983, defendant had improperly classified them as independent contractors, rather than public employees. As damages, claimants sought $5 million for "payroll taxes, wages, benefits, vacation pay, sick leave, seniority and other rights and privileges." When defendant moved to dismiss the claim on various grounds, the Court of Claims granted the motion...

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