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SCHIFERLE v. CAPITAL FENCE CO.

1075 CA 17-00526.

155 A.D.3d 122 (2017)

61 N.Y.S.3d 767

2017 NY Slip Op 07059

WILLIAM SCHIFERLE, Appellant, v. CAPITAL FENCE CO., INC., Respondent.

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

Decided October 6, 2017.

Attorney(s) appearing for the Case

Barclay Damon, LLP, Buffalo ( Michael E. Ferdman of counsel), for appellant.

Law Office of Ralph C. Lorigo, West Seneca ( Jon F. Minear of counsel), for respondent.

CARNI, J.P., LINDLEY and CURRAN, JJ., concur.

OPINION OF THE COURT

When an employee prevails on a wage nonpayment claim under article 6 of the Labor Law, "the court shall allow such employee to recover ... all reasonable attorney's fees" (§ 198 [1-a]). We hold that a wage claimant may, in certain circumstances, validly...

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