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ARIAS v. ANJO MANUFACTURING CO., INC.

9610, 451990/14.

173 A.D.3d 506 (2019)

103 N.Y.S.3d 91

2019 NY Slip Op 04766

Pablo Arias, Respondent, v. Anjo Manufacturing Co., Inc., Appellant.

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

Decided June 13, 2019.

Plaintiff fell from a ladder while working in defendant's warehouse facility, and received workers' compensation benefits from his employer, nonparty David Rosen Bakery Supply (DRBS).

Defendant failed to establish prima facie that plaintiff was its special employee (see Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553, 557 [1991]). In particular, the deposition testimony of plaintiff's purported supervisor failed to establish...

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