BENITEZ v. BOLLA OPERATING LI CORP.

2019-01671. Index No. 605760/18.

189 A.D.3d 970 (2020)

137 N.Y.S.3d 371

2020 NY Slip Op 07342

Walter Hernandez Benitez, Appellant, v. Bolla Operating LI Corp. et al., Respondents.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Kessler Matura P.C., Melville, NY ( Garrett Kaske and Troy L. Kessler of counsel), for appellant.

Kaufman Dolowich & Voluck, LLP, Woodbury, NY ( Keith Gutstein and Aaron N. Solomon of counsel), for respondents.

Mastro, J.P., Leventhal, Hinds-Radix and Maltese, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff was formerly employed by the defendants. According to the plaintiff, the defendants own and operate a chain of "gas stations, delis, and convenience stores" known as Bolla Market. Although not every Bolla Market location has a deli inside of it, the plaintiff allegedly worked at the deli counter as a deli worker at more than one Bolla Market location.

The plaintiff commenced this putative class...

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