Kruty v Max Finkelstein, Inc.

[*1] Kruty v Max Finkelstein, Inc. 2021 NY Slip Op 50837(U) Decided on August 26, 2021 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 26, 2021
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : TERRY JANE RUDERMAN, P.J., TIMOTHY S. DRISCOLL, HELEN VOUTSINAS, JJ
2020-384 S C

Joshua Kruty, Appellant,

against

Max Finkelstein, Inc. and Michael Weller, Individually, Respondents.

Borrelli & Associates (Michael R. Minkoff, Alexander T. Coleman and Michael J. Borrelli of counsel), for appellant. Proskauer Rose LLP (Harris M. Mufson of counsel), for respondents.

Appeal from an order of the Suffolk County Court (James F. Matthews, J.; op 65 Misc 3d 1236[A] [2019]), dated December 12, 2019. The order granted defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by denying the branch of defendants' motion seeking summary judgment dismissing plaintiff's first cause of action; as so modified, the order is affirmed, without costs.

In this action by an employee to recover damages based on defendants' alleged violation of Labor Law §§ 191 (1) (a) and 195 (3), plaintiff appeals from an order granting defendants' motion for summary judgment dismissing the complaint.

For the reasons stated in Phillips v Max Finkelstein, Inc. (__ Misc 3d __, 2021 NY Slip Op ____ [appeal No. 2020-542 S C], decided herewith), the order is modified by denying the branch of defendants' motion seeking summary judgment dismissing plaintiff's first cause of action.

RUDERMAN, P.J., DRISCOLL and VOUTSINAS, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 26, 2021