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LAVERGNE v. BURDEN

Appellate Division of the Supreme Court of New York, First Department.
Nov 13, 1997

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.