LAVRENYUK v. LIFE CARE SERVS., INC.

156393/17. Appeal No. 14504-14504A. Case No. 2021-02414.

198 A.D.3d 569 (2021)

152 N.Y.S.3d 907

2021 NY Slip Op 05817

Olena Lavrenyuk, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Life Care Services, Inc., Appellant.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York ( Aaron C. Schlesinger of counsel), for appellant.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.


Defendant's records indicating that the putative class member never worked any shifts are not conclusive as to her employment status, but simply raise a question of fact as to the veracity of her affidavit, since the records show that the putative class member was considered an employee and participated in an in-service training program. There is no evidence to support defendant's claim that plaintiff or her counsel submitted the...

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