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SORGE v. GONA REALTY, LLC

Index No. 20469/18E. Appeal No. 12328. Case No. 2019-5643.

188 A.D.3d 474 (2020)

131 N.Y.S.3d 876

2020 NY Slip Op 06409

James Sorge, Respondent, v. Gona Realty, LLC, et al., Appellants.

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

Decided November 10, 2020.

For the purpose of a pre-answer motion to dismiss the complaint alleging violations of the New York State and City Human Rights Laws, plaintiff sufficiently alleged that he was employed by defendants (see Vig v New York Hairspray Co., L.P., 67 A.D.3d 140, 145 [1st Dept 2009]). The evidence submitted by defendants did not conclusively establish that during the relevant time period they had fewer than four employees so that they were...

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