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RAPHAEL v. VINTAGE GRAPE & GROG, LTD.

Index No. 159028/18. Appeal No. 12231. Case No. 2019-03297.

187 A.D.3d 672 (2020)

131 N.Y.S.3d 558

2020 NY Slip Op 06210

Hugh Raphael, Appellant, v. Vintage Grape & Grog, Ltd., Respondent.

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

Decided October 29, 2020.

Defendant met its initial burden of demonstrating that the time within which plaintiff had to commence the cause of action had expired (see Labor Law §§ 198[3]; 663[3]; Badzio v Americare Certified Special Servs., Inc., 177 A.D.3d 838, 840 [2d Dept 2019]; Waheed v Habib Bank Ltd., 53 Misc.3d 137[A], 2016 NY Slip Op 51450[U] [App Term, 1st Dept 2016]). Specifically, defendant submitted pay stubs, W-2 records, and 2013 and 2014 NYS Fourth Quarter...

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