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FRANCIS v. EISENBEISS

8689, 102777/11.

101 A.D.3d 414 (2012)

955 N.Y.S.2d 23

2012 NY Slip Op 8252

JOYCE E. FRANCIS, Respondent, v. CHRISTIAN EISENBEISS et al., Appellants.

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

December 4, 2012.

The documentary evidence does not demonstrate conclusively that during the relevant time period defendant CRE Capital LLC employed fewer than four persons and therefore was not an employer as defined by the State Human Rights Law (Executive Law § 292 [5]). In particular, while CRE's quarterly tax form for the fourth quarter of 2008 indicates that three people were employed in each month of the quarter, it lists four employees...

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