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Cardone v. Villa Margherita, Inc., 245 A.D.2d 257 (2d Dept 1997)

Plaintiff moved to dismiss defendant’s affirmative defense which would be barred by Workers' Compensation Law § 11. The Appellate Division affirmed denial of plaintiff’s motion as defendant submitted sufficient proof to raise issues of fact as to the nature of plaintiff's employment relationship with the defendant.

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