Lavergne v. Burden

Full title: VICKY LAVERGNE, Appellant, v. ORDWAY P. BURDEN et al., Respondents

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

Date published: Nov 13, 1997

244 A.D.2d 203 (N.Y. App. Div. 1997)

665 N.Y.S.2d 272

Opinion

November 13, 1997

Appeal from the Supreme Court, New York County (Carol Huff, J.).

Plaintiff's allegations, given every favorable intendment, show that she was an independent contractor, not an employee (cf., Giaimo Vreeberg v. Smith, 192 A.D.2d 41, 45, appeal dismissed 82 N.Y.2d 803), and, because she did not "carry out work in furtherance of an employer's business enterprise" (Administrative Code § 8-102 [5]), the action was properly dismissed.

Concur — Rosenberger, J. P., Nardelli, Andrias and Colabella, JJ.