Preview
FILED: NEW YORK COUNTY CLERK 01/27/2020
02/10/2020 12:37
04:16 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 193
230 RECEIVED NYSCEF: 01/27/2020
02/10/2020
Exhibit O, Affirmation of Harris's Counsel in Opposition to Prestige's Motion for Summary Judgment
MEYERS FRIED-GRODIN, LLP
Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Phone: (646) 596-1292
E-mail: JMeyers@MfgLegal.com
Attorneys for Plaintiff Robert Harris
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X
ROBERT HARRIS, Plaintiff designates
New York County as the
Place of Trial
Basis of Venue is
Plaintiff, Location of Relevant Events
Index No. 650175/2017
vs.
INTIMO, INC., NATHAN NATHAN AFFIRMATION OF
individually, TOMMY NATHAN, individually, JONATHAN MEYERS, ESQ.
MORIS ZILKHA, individually, PRESTIGE OPPOSING THE PRESTIGE
EMPLOYEE ADMINISTRATORS, INC. DEFENDANTS MOTION FOR
a/k/a PRESTIGE EMPLOYEE SUMMARY JUDGMENT
ADMINISTRATORS, PRESTIGE EMPLOYEE
ADMINISTRATORS II, INC. a/k/a PRESTIGE
EMPLOYEE ADMINISTRATORS and JOHN
DOES 1-10, and ABC CORPS. 1-8,
fictitious names for persons or entities whose
present roles and identities are unknown,
Defendants.
--------------------------------------------------------------------------X
JONATHAN MEYERS, ESQ., an attorney admitted to practice law before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
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FILED: NEW YORK COUNTY CLERK 01/27/2020
02/10/2020 12:37
04:16 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 193
230 RECEIVED NYSCEF: 01/27/2020
02/10/2020
1. I am a partner with the law firm of Meyers Fried-Grodin, LLP, attorneys
for Plaintiff Robert Harris (“Plaintiff”) in this case. As such, I am fully familiar with the facts and
circumstances surrounding this matter.
2. I make this affirmation in opposition to Defendants Prestige Employee
Administrators, Inc. a/k/a Prestige Employee Administrators’ and Prestige Employee
Administrators II, Inc. a/k/a Prestige Employee Administrators’ (the “Prestige Defendants”)
Motion for Summary Judgment.
3. Attached hereto as Exhibit A are relevant portions of the deposition transcript of
Plaintiff.
4. Attached hereto as Exhibit B are relevant portions of the deposition transcript of
the Prestige Defendants’ Representative, Ryan Yannalfo.
5. Attached hereto as Exhibit C are relevant portions of interrogatories served by
Plaintiff upon the Intimo Defendants on or about January 4, 2019.
6. Attached hereto as Exhibit D are relevant portions of the Intimo Defendants’
interrogatory answers, dated March 7, 2019.
7. Specifically, interrogatory no. 34 asks the Intimo Defendants to identify
Plaintiff’s employer or employers. In their answer, the Intimo Defendants identify – in addition
to Intimo – “Prestige Employee Administrators, Inc.”
8. Additionally, on or about March 7, 2019, the Intimo Defendants produced
documents concerning Plaintiff which include documents that look to be of the kind ordinarily
found in an employee’s personnel file. While some of those documents bear the name “Intimo,
Inc.” on them, others identify Prestige Employee Administrators.
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FILED: NEW YORK COUNTY CLERK 01/27/2020
02/10/2020 12:37
04:16 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 193
230 RECEIVED NYSCEF: 01/27/2020
02/10/2020
9. For example, see the attached Exhibit E, which is entitled “Prestige Employee
Administrators Employee Termination Report” which reads “Employee : Robert Harris”
10. Also, see the attached Exhibit F, entitled “Application for Employment” showing
“Prestige Employee Administrators” at the top and the employee being “Harris Robert J.”
11. Also, see the attached Exhibit G, entitled “Prestige Employee Administrators
Employee Authorization & Waiver” which states: “I Robert Harris, an employee of Prestige
Administrators, Inc. hereby authorize the employer to deduct from my wages for contribution for
benefits (i.e. group health insurance, group dental insurance, life insurance, 401(k) etc.).
12. Also, see the attached Exhibit H, entitled “Prestige Employee Administrators
COBRA Notice Acknowledgement Form” which identifies Robert Harris as “Employee.”
13. Also, see the attached Exhibit I, entitled “Prestige Employee Administrators, Inc.
For Intimo, Inc. Employee Handbook” which states: “This Handbook was developed by Prestige
for the utilization of Intimo, Inc. Prestige and the Company are co-employers. In a co-
employment relationship, duties and responsibilities are allocated between Prestige and the
Company. Both are your employers.” See Exhibit 8 at page Bates numbered DEF000095.
14. Attached hereto is Exhibit J is the acknowledgement of that handbook by
Plaintiff.
15. Attached hereto as Exhibits K through L are unpublished authorities cited in
Plaintiff’s opposition brief.
16. Plaintiff respectfully refers the Court to his Memorandum of Law Opposing
Defendants’ the Prestige Defendants’ Summary Judgment Motion (filed as part of these
opposition papers) for Plaintiff’s legal arguments opposing the instant motion.
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FILED: NEW YORK COUNTY CLERK 01/27/2020
02/10/2020 12:37
04:16 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 193
230 RECEIVED NYSCEF: 01/27/2020
02/10/2020
Dated: New York, NY
January 27, 2020
______________________________
JONATHAN MEYERS
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FILED: NEW YORK COUNTY CLERK 01/27/2020
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04:16 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 193
230 RECEIVED NYSCEF: 01/27/2020
02/10/2020
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Preview
FILED: NEW YORK COUNTY CLERK 01/27/2020 02/10/2020 12:37 04:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 193 230 RECEIVED NYSCEF: 01/27/2020 02/10/2020 Exhibit O, Affirmation of Harris's Counsel in Opposition to Prestige's Motion for Summary Judgment MEYERS FRIED-GRODIN, LLP Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone: (646) 596-1292 E-mail: JMeyers@MfgLegal.com Attorneys for Plaintiff Robert Harris SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X ROBERT HARRIS, Plaintiff designates New York County as the Place of Trial Basis of Venue is Plaintiff, Location of Relevant Events Index No. 650175/2017 vs. INTIMO, INC., NATHAN NATHAN AFFIRMATION OF individually, TOMMY NATHAN, individually, JONATHAN MEYERS, ESQ. MORIS ZILKHA, individually, PRESTIGE OPPOSING THE PRESTIGE EMPLOYEE ADMINISTRATORS, INC. DEFENDANTS MOTION FOR a/k/a PRESTIGE EMPLOYEE SUMMARY JUDGMENT ADMINISTRATORS, PRESTIGE EMPLOYEE ADMINISTRATORS II, INC. a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS and JOHN DOES 1-10, and ABC CORPS. 1-8, fictitious names for persons or entities whose present roles and identities are unknown, Defendants. --------------------------------------------------------------------------X JONATHAN MEYERS, ESQ., an attorney admitted to practice law before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: -1- 1 of 5 FILED: NEW YORK COUNTY CLERK 01/27/2020 02/10/2020 12:37 04:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 193 230 RECEIVED NYSCEF: 01/27/2020 02/10/2020 1. I am a partner with the law firm of Meyers Fried-Grodin, LLP, attorneys for Plaintiff Robert Harris (“Plaintiff”) in this case. As such, I am fully familiar with the facts and circumstances surrounding this matter. 2. I make this affirmation in opposition to Defendants Prestige Employee Administrators, Inc. a/k/a Prestige Employee Administrators’ and Prestige Employee Administrators II, Inc. a/k/a Prestige Employee Administrators’ (the “Prestige Defendants”) Motion for Summary Judgment. 3. Attached hereto as Exhibit A are relevant portions of the deposition transcript of Plaintiff. 4. Attached hereto as Exhibit B are relevant portions of the deposition transcript of the Prestige Defendants’ Representative, Ryan Yannalfo. 5. Attached hereto as Exhibit C are relevant portions of interrogatories served by Plaintiff upon the Intimo Defendants on or about January 4, 2019. 6. Attached hereto as Exhibit D are relevant portions of the Intimo Defendants’ interrogatory answers, dated March 7, 2019. 7. Specifically, interrogatory no. 34 asks the Intimo Defendants to identify Plaintiff’s employer or employers. In their answer, the Intimo Defendants identify – in addition to Intimo – “Prestige Employee Administrators, Inc.” 8. Additionally, on or about March 7, 2019, the Intimo Defendants produced documents concerning Plaintiff which include documents that look to be of the kind ordinarily found in an employee’s personnel file. While some of those documents bear the name “Intimo, Inc.” on them, others identify Prestige Employee Administrators. -2- 2 of 5 FILED: NEW YORK COUNTY CLERK 01/27/2020 02/10/2020 12:37 04:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 193 230 RECEIVED NYSCEF: 01/27/2020 02/10/2020 9. For example, see the attached Exhibit E, which is entitled “Prestige Employee Administrators Employee Termination Report” which reads “Employee : Robert Harris” 10. Also, see the attached Exhibit F, entitled “Application for Employment” showing “Prestige Employee Administrators” at the top and the employee being “Harris Robert J.” 11. Also, see the attached Exhibit G, entitled “Prestige Employee Administrators Employee Authorization & Waiver” which states: “I Robert Harris, an employee of Prestige Administrators, Inc. hereby authorize the employer to deduct from my wages for contribution for benefits (i.e. group health insurance, group dental insurance, life insurance, 401(k) etc.). 12. Also, see the attached Exhibit H, entitled “Prestige Employee Administrators COBRA Notice Acknowledgement Form” which identifies Robert Harris as “Employee.” 13. Also, see the attached Exhibit I, entitled “Prestige Employee Administrators, Inc. For Intimo, Inc. Employee Handbook” which states: “This Handbook was developed by Prestige for the utilization of Intimo, Inc. Prestige and the Company are co-employers. In a co- employment relationship, duties and responsibilities are allocated between Prestige and the Company. Both are your employers.” See Exhibit 8 at page Bates numbered DEF000095. 14. Attached hereto is Exhibit J is the acknowledgement of that handbook by Plaintiff. 15. Attached hereto as Exhibits K through L are unpublished authorities cited in Plaintiff’s opposition brief. 16. Plaintiff respectfully refers the Court to his Memorandum of Law Opposing Defendants’ the Prestige Defendants’ Summary Judgment Motion (filed as part of these opposition papers) for Plaintiff’s legal arguments opposing the instant motion. -3- 3 of 5 FILED: NEW YORK COUNTY CLERK 01/27/2020 02/10/2020 12:37 04:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 193 230 RECEIVED NYSCEF: 01/27/2020 02/10/2020 Dated: New York, NY January 27, 2020 ______________________________ JONATHAN MEYERS -4- 4 of 5 FILED: NEW YORK COUNTY CLERK 01/27/2020 02/10/2020 12:37 04:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 193 230 RECEIVED NYSCEF: 01/27/2020 02/10/2020 -5- 5 of 5