Chenensky v. New York Life Insurance Co. et al, No. 1:2007cv11504 - Document 47 (S.D.N.Y. 2009)

Court Description: MEMORANDUM & ORDER granting in part and denying in part 26 Motion for Summary Judgment. For the foregoing reasons, New York Life's motion for summary judgment on Chenensky's claims under the FLSA, 29 U.S.C. § 207 et seq., and 12 NYC RR § 142-2.2 is granted. However, New York Life's motion for summary judgment on the New York Labor Law § 193 claim is denied. This Court recognizes that the dismissal of the federal claim may deprive it of jurisdiction in this matter. This Court will hold a conference to discuss this issue on January 29, 2010, at 10:45 a.m. The parties shall submit letters addressing this jurisdictional by January 22, 2010. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/22/2009) (tve)