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RAMIREZ v. MILLER

41 A.D.3d 298 (2007)

839 N.Y.S.2d 461

JOSE RAMIREZ et al., Appellants, v. MARK T. MILLER et al., Defendants, and EICHNER RUDD MANAGEMENT ASSOCIATES, LTD., Respondent.

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

Decided June 21, 2007.

Eichner shows that although plaintiff was employed and paid by Chelsea and supervised by and reported to the building's superintendent, also an employee of Chelsea, the superintendent took his instructions from Eichner's employee, the building's property manager. Eichner further shows that its property manager was responsible for interviewing, disciplining and terminating staff members, arranging their work schedules and monitoring...

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