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PHILLIPS v. MAX FINKELSTEIN, INC.

2020-542 S C.

73 Misc.3d 1 (2021)

153 N.Y.S.3d 750

2021 NY Slip Op 21232

JESSE PHILLIPS, Appellant, v. MAX FINKELSTEIN, INC., et al., Respondents.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided August 26, 2021.

Attorney(s) appearing for the Case

Borrelli & Associates ( Michael R. Minkoff , Alexander T. Coleman and Michael J. Borrelli of counsel) for appellant.

Proskauer Rose LLP ( Harris M. Mufson of counsel) for respondents.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified by denying the branch of defendants' motion seeking summary judgment dismissing plaintiff's first cause of action; as so modified, the order is affirmed, without costs.

For several years, plaintiff was employed by defendant Max Finkelstein, Inc. as a "manual employee" (see Labor Law § 190 [4]) at a warehouse that was managed by defendant Michael Weller. During the term...

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