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KAISER v. RAOUL'S RESTAURANT CORPORATION

1708, 112674/07

72 A.D.3d 539 (2010)

899 N.Y.S.2d 210

KEVIN KAISER, Respondent, v. RAOUL'S RESTAURANT CORPORATION et al., Appellants, et al., Defendant.

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

Decided April 22, 2010.

Patrowich v Chemical Bank (63 N.Y.2d 541, 543 [1984]) has been broadly read to adopt the "economic reality" test for determining who may be sued as an "employer" under the Human Rights Law (Executive Law art 15), although the cases do not invariably use the phrase "economic reality" (see e.g. Barbato v Bowden, 63 A.D.3d 1580 [4th Dept 2009]; Pepler v Coyne, 

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