ANTONIAK v. P.S. MARCATO ELEVATOR CO., INC.

2080, 101235/11.

144 A.D.3d 407 (2016)

2016 NY Slip Op 07119

40 N.Y.S.3d 112

RYSZARD ANTONIAK, Respondent, v. P.S. MARCATO ELEVATOR CO., INC., Respondent, and 371 SEVENTH AVENUE CO., LLC, Appellant.

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

Decided November 1, 2016.


In support of its motion, 371 made a prima facie showing that it was plaintiff's employer, by submitting plaintiff's W-2 forms, plaintiff's testimony that 371 appeared on his checks, and the affidavit of a 371 executive explaining the corporate structure of the organization. In opposition, plaintiff and PS Marcato offered only speculation that 371 was not plaintiff's employer. The entity plaintiff named as his employer at his deposition and listed by plaintiff in paperwork...

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