Murphy et al v. LaJaunie et al, No. 1:2013cv06503 - Document 208 (S.D.N.Y. 2016)

Court Description: OPINION AND ORDER re: 165 FIRST MOTION for Summary Judgment, filed by 15 John Corp., Philippe LaJaunie, La Boucherie Inc., 170 AMENDED MOTION for Summary Judgment , filed by 15 John Corp. For the foregoing reasons, Def endants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. Specifically, the Court denies summary judgment on Count III, Plaintiffs' claim for misappropriation of gratuities in violation of Section 196-d, and on Count IV, P laintiffs' claim for violations of the minimum wage brought pursuant to Section 652. However, the Court grants summary judgment to LaJaunie on all claims brought against him under the NYLL. Therefore, Plaintiffs shall proceed to trial on all cla ims against the corporate defendants, but LaJaunie shall be dismissed from Plaintiffs' third, fourth, fifth, sixth, and eighth causes of action brought under NYLL. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 165 and 170. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 3/21/2016) (spo)