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VERA v. NYC PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC.

40 A.D.3d 472 (2007)

837 N.Y.S.2d 47

DODANIN A. VERA et al., Appellants, v. NYC PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Respondents. ELITE CONSTRUCTION, INC., Third-Party Plaintiff-Respondent, v. CAA DRYWALL & PAINTING CO., Third-Party Defendant-Appellant.

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

Decided May 24, 2007.

Under all of the unique circumstances of this action, as a matter of fairness (see Matter of Hofmann, 287 A.D.2d 119, 123 [2001]), we decline to give res judicata effect to the Workers' Compensation Board determination, which lists third-party plaintiff as plaintiff's employer. In light of the conflicting evidence on the record, and the absence of an administrative record to give the Board determination context, the listing is not...

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