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FILIPPIDIS v. MULTI-PAK CORP.

Index No. 162301/19, Appeal No. 16187, Case No. 2022-00242.

206 A.D.3d 526 (2022)

168 N.Y.S.3d 817

2022 NY Slip Op 04091

Dimitrios Filippidis, Respondent, v. Multi-Pak Corporation, Respondent, and Milford Management Corp., Appellant.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York (Christen Giannaros of counsel), for appellant.

The Law Firm of Bisogno & Meyerson, Brooklyn (Elizabeth Mark Meyerson of counsel), for Dimitrios Filippidis, respondent.

O'Toole Scrivo, LLC, New York (Larry C. Green of counsel), for Multi-Pak Corporation, respondent.

Concur—Manzanet-Daniels, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

Milford failed to sustain its burden of demonstrating that plaintiff was its special employee at the time of the accident (see Fung v Japan Airlines Co., Ltd., 9 N.Y.3d 351, 359 [2007]). The management agreement it submitted in support of its defense had expired by its terms years before the accident and the extension expressly did not take effect until after the accident. The affidavit of Milford's managing director was insufficient...

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