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AYALA, JR. v. MUTUAL HOUSING ASSOCIATION, INC.

33 A.D.3d 343 (2006)

822 N.Y.S.2d 262

JUAN AYALA, JR., Respondent, v. MUTUAL HOUSING ASSOCIATION, INC., Respondent. ROBERT E. HILL, INC., Defendant and Third-Party Plaintiff-Appellant, v. NORMANDY REPAIRS, INC., Third-Party Defendant-Respondent.

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

Decided October 5, 2006.

The record establishes that plaintiff was employed by defendant Mutual Housing Association, Inc. (MHA) as a porter at its premises at 3850 Sedgwick Avenue, was paid by MHA, was injured in the course of his employment, and was covered by MHA's workers' compensation insurance policy. Furthermore, the moving defendant was MHA's managing agent at the premises, whose employee directed, supervised and controlled the daily work duties of plaintiff, his immediate supervisor and the...

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