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MENDEZ v. LEGENDS HOSPITALITY, LLC

12105, 22206/12

116 A.D.3d 416 (2014)

982 N.Y.S.2d 759

2014 NY Slip Op 2235

JANINE MENDEZ et al., Appellants, et al., Plaintiffs, v. LEGENDS HOSPITALITY, LLC, Respondent, et al., Defendant.

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

Decided April 1, 2014.

Plaintiffs stated a valid claim under Labor Law § 196-d, not preempted by federal law (see Tamburino v Madison Sq. Garden, L.P., 115 A.D.3d 217 [1st Dept 2014]). Contrary to the motion court's determination, defendants did not establish that for all of the pertinent period they sufficiently notified patrons that the mandatory service charge at issue was not...

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