DRAGONE v. BOB BRUNO EXCAVATING, INC.


45 A.D.3d 1238 (2007)

847 N.Y.S.2d 251

EDWARD D. DRAGONE, Appellant, v. BOB BRUNO EXCAVATING, INC., et al., Respondents.

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

Decided November 29, 2007.


Mercure, J.

Plaintiff worked as a laborer for defendants for several years until he was laid off in 2003. In this action, he seeks to recover allegedly unpaid overtime compensation for the six years immediately preceding commencement of the action, as well as additional compensation based upon defendants' failure to pay the prevailing wage required by Labor Law § 220. After plaintiff moved for partial summary judgment, defendants cross-moved to dismiss the complaint...

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