Appellate Division of the Supreme Court of the State of New York March 3, 2005 (Mazza v. Fleet Bank)

Kane, J.

Appeal from a judgment and order of the Supreme Court (Mulvey, J.), entered December 30, 2003 in Tompkins County, upon a decision of the court in favor of defendant Judy Backner.

*762In January 1999, defendant Judy Backner (hereinafter defendant) began working for decedent as a home health aide.