GAGEN v. KIPANY PRODUCTIONS, LTD.


289 A.D.2d 844 (2001)

735 N.Y.S.2d 225

JOSEPH F. GAGEN, Respondent, v. KIPANY PRODUCTIONS, LTD., Appellant.

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

Decided December 20, 2001.


Lahtinen, J.

From March 1995 to October 1997, plaintiff worked for defendant as a senior producer in video productions. After plaintiff's relationship with defendant ended, he sought to be paid $11,962 for 160 overtime hours. Defendant refused to make payment and, in January 1998, plaintiff commenced this action for the $11,962, plus 25% of that amount pursuant to Labor Law § 198 (1-a), together with counsel fees. Defendant's answer incorporated a "motion to...

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