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CHILOYAN v. CHILOYAN

2019-12546. Index No. 150991/14.

197 A.D.3d 612 (2021)

152 N.Y.S.3d 717

2021 NY Slip Op 04696

Vanik Chiloyan, Appellant, v. Eduard Chiloyan, Respondent.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Law Office of Yuriy Prakhin, P.C. ( John F. Clennan , Ronkonkoma, NY, of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY ( Karen H. Tommer and Lindsay Kalick of counsel), for respondent.

Hinds-Radix, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the order dated March 22, 2019, and the decision dated February 14, 2019, are vacated, the complaint is reinstated, and the defendant's affirmative defense that the action is barred by the exclusivity provisions of the Workers' Compensation Law is dismissed.

In 2010, the defendant, individually, entered into an agreement, titled "independent contractor agreement...

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