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DAVIS v. DUANE READE, INC.

2012-11298

120 A.D.3d 1386 (2014)

993 N.Y.S.2d 335

2014 NY Slip Op 06295

MICHAEL DAVIS et al., Respondents, v. DUANE READE, INC., et al., Appellants, et al., Defendants.

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

Decided September 24, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the defendants Duane Reade, Inc. (hereinafter Duane Reade), and Walgreen Company (hereinafter Walgreen) which was to dismiss the fifth cause of action, which alleges a violation of Labor Law § 203-c, as barred by the election of remedies provision in Labor Law § 740 (7).

Labor Law § 740 (7) provides that "the...

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