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EDWARDS v. ROSARIO

7609. 310238/11.

166 A.D.3d 453 (2018)

86 N.Y.S.3d 431

2018 NY Slip Op 07684

Michael Edwards, Respondent, v. Manuel Rosario et al., Defendants, and Earlybird Delivery Systems, LLC, et al., Appellants.

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

Decided November 13, 2018.

Earlybird established prima facie that defendant driver Alvin Almonte was an independent contractor, rather than an employee, through testimonial evidence establishing that Almonte was paid on a per-delivery basis, that he received a 1099 tax form, as opposed to a W-2, that he received no employee benefits, that he was required to provide and maintain his own vehicle, that he was not reimbursed expenses associated with his job...

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