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CRUZ v. TOWN SPORTS INTERNATIONAL

No. 0602024/2007

2008 NY Slip Op 32367 (U)

SARAH CRUZ and MATHEW DOCKSWELL, on behalf of themselves and all others similarly situated, Plaintiffs, v. TOWN SPORTS INTERNATIONAL, d/b/a NEW YORK SPORTS CLUB, Defendant.

Supreme Court of the State of New York, New York County.

August 21, 2008.

Decision and Order

MICHAEL D. STALLMAN, Judge.

In this putative class action to obtain overtime payment for workers at defendant Town Sports International d/b/a New York Sports Club (TSI), defendant moves to dismiss a portion of plaintiffs' damage claim in the complaint dated June 18, 2007. The motion raises significant statute of limitations and "relation back" issues.

FACTS

Plaintiff Sarah Cruz (Cruz) initially...

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