PENA v. AUTOMATIC DATA PROCESSING, INC.

2011-10265.

105 A.D.3d 924 (2013)

963 N.Y.S.2d 357

2013 NY Slip Op 2552

PEDRO PENA et al., Appellants-Respondents, v. AUTOMATIC DATA PROCESSING, INC., Respondent-Appellant.

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

Decided April 17, 2013.


In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Asher, J.), dated October 4, 2011, as granted that branch of the defendant's motion which was pursuant to CPLR 4404 (a) to set aside the jury verdict finding that the plaintiff Pedro Pena was not a special employee of the defendant at the time of the accident at issue, as contrary to the weight of the...

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