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AMON v. DROHAN

654014/18. Appeal No. 12271-12271A. Case No. 2020-00617.

188 A.D.3d 404 (2020)

131 N.Y.S.3d 870

2020 NY Slip Op 06340

Patrick Amon et al., Appellants, v. John Drohan et al., Respondents.

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

Decided November 5, 2020.

Plaintiffs failed to show that the Chief Executive Officer (Douady) and Chairman of the Board of Directors (Drohan) were "employers" subject to the Labor Law (see Bonito v Avalon Partners, Inc., 106 A.D.3d 625 [1st Dept 2013]). The consulting agreements between plaintiffs and DataCore explicitly stated that plaintiffs were "independent service providers." Furthermore, documents submitted...

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