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ZENG JI LIU v. BATHILY

2486, 150340/12.

145 A.D.3d 558 (2016)

2016 NY Slip Op 08454

43 N.Y.S.3d 335

ZENG JI LIU et al., Respondents, v. DJIBRIL BATHILY et al., Defendants, and ALL TAXI MANAGEMENT, INC., Appellant.

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

Decided December 15, 2016.

All Taxi's management of the taxicab medallion, without more, is insufficient to raise triable issues of fact regarding an employment relationship with Bathily. The record shows, inter alia, that All Taxi leased the medallion to Bathily and that the lease agreement expressly disclaims the existence an employer-employee relationship. Moreover, Bathily was not guaranteed compensation, worked without a fixed schedule, and was free...

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