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MATTER OF LOPEZ v. 395 BROOK REALTY CORPORATION

508415.

72 A.D.3d 1389 (2010)

898 N.Y.S.2d 533

In the Matter of HECTOR LOPEZ, Respondent, v. 395 BROOK REALTY CORPORATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 22, 2010.

Kavanagh, J.

Claimant sought workers' compensation benefits alleging that he was injured during the course of his employment with David Damaghi, the owner of 395 Brook Realty Corporation. In a decision filed September 8, 2008, a Workers' Compensation Law Judge (hereinafter WCLJ) decided, among other things, that an employer-employee relationship existed between claimant and Brook Realty and awarded benefits to claimant. Two months later, Brook Realty subsequently...

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