The cause of action alleged in the complaint is specifically predicated upon subdivision 9 of section 297 of the Executive Law. Any action commenced under that law must be brought within the time limitations contained in subdivision 5 of section 297 of the Executive Law. Since the instant action was untimely commenced, Special Term properly granted defendant's motion to dismiss. The incidental references in the complaint to section 194 of the Labor Law, even under the most...
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