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

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.

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LAVERGNE v. BURDEN
(Nov 13, 1997)