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GOLD v. NEW YORK LIFE INS. CO.

Index No. 653923/12. Appeal No. 13525. Case No. 2020-02641.

193 A.D.3d 454 (2021)

141 N.Y.S.3d 697

2021 NY Slip Op 02103

Avraham Gold et al., Respondents, v. New York Life Insurance Co. et al., Appellants.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius LLP, New York ( Sean P. Lynch of counsel), and ( Michael L. Banks of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for appellants.

Lovell Stewart Halebian Jacobson LLP, New York ( John Halebian of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.

Given the written, standardized agreements and practices of defendants, common issues will likely predominate on the issue of establishing liability under Labor Law § 193 and on the issue of whether certain agents are independent contractors (Orgill v Ingersoll-Rand Co., 110 A.D.3d 573, 574 [1st Dept 2013]; Hart v Rick's Cabaret Intl. Inc., 2010 WL 5297221, *7, 2010 US Dist LEXIS 137129, *20 [SD NY, Dec. 20, 2010, No...

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