MATTER OF ACOSTA


256 A.D.2d 679 (1998)

681 N.Y.S.2d 141

In the Matter of the Claim of ISRAEL ACOSTA, Appellant. YALE CLUB OF NEW YORK CITY, Respondent; COMMISSIONER OF LABOR, Respondent. (And 6 Other Related Claims.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 3, 1998.


Claimants were employed as banquet waiters for the employer for several years. Suspecting that the employer was illegally calculating and withholding commissions and tips, claimants initiated a lawsuit against the employer. Thereafter, it was discovered that claimants' attorney was in possession of numerous documents which had been wrongfully obtained from the employer. Following an arbitration hearing, claimants were discharged from their employment for failing to return...

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