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TAMBURINO v. MADISON SQ.

111432/10, 11356

115 A.D.3d 217 (2014)

980 N.Y.S.2d 83

2014 NY Slip Op 895

ROBERT M. TAMBURINO et al., Respondents, v. MADISON SQUARE GARDEN, LP, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 11, 2014.

Attorney(s) appearing for the Case

Kauff McGuire & Margolis LLP, New York City ( Kenneth A. Margolis of counsel), for appellant.

Advocates for Justice, Chartered Attorneys, New York City ( Arthur Z. Schwartz and Tracey L. Kiernan of counsel), for respondents.

FRIEDMAN, J.P., ACOSTA, MANZANET-DANIELS and GISCHE, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

Plaintiffs have all worked during the last decade as food and beverage servers at Madison Square Garden. The Garden, owned by defendant MSG Holdings, LLC (MSG), formerly known as Madison Square Garden, LP, is one of the largest sports and entertainment complexes in the world. Plaintiffs bring this action, premised on Labor Law § 196-d, on behalf themselves and a class of individuals similarly situated, claiming that...

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