MAHONEY v. OLEAN GENERAL HOSPITAL


277 A.D.2d 1046 (2000)

716 N.Y.S.2d 174

COLLEEN MAHONEY, Appellant, v. OLEAN GENERAL HOSPITAL, Respondent. (Appeal No. 2.)

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

Decided November 13, 2000.


Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Plaintiff commenced this action pursuant to Labor Law article 6 to recover vacation and holiday pay accrued at the time of her termination by defendant. Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Defendant met its initial burden by presenting proof that plaintiff forfeited her vacation and holiday...

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