ROBINSON v. FOREMOST GLATT KOSHER CATERERS, INC.

Index No. 158042/18, 595199/19. Appeal No. 13231. Case No. 2020-02661.

191 A.D.3d 616 (2021)

139 N.Y.S.3d 530

2021 NY Slip Op 01219

Barry Robinson, Plaintiff, v. Foremost Glatt Kosher Caterers, Inc., et al., Defendants. Foremost Glatt Kosher Caterers, Inc., Third-Party Plaintiff-Respondent, v. Kensington Event Staffing, Third-Party Defendant-Appellant, et al., Defendants.

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

Decided February 25, 2021.


Attorney(s) appearing for the Case

Simon & Milner, Valley Stream ( Eric M. Milner of counsel), for appellant.

Lindabury, McCormick, Estabrook & Cooper, New York ( Stacey K. Edelbaum of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.


In this putative class action, plaintiff seeks to recover charges purported to be gratuities allegedly withheld from him and other catering service workers by defendant/third-party plaintiff Foremost Glatt Kosher Caterers, Inc. (Foremost) in violation of Labor Law § 196-d and the Hospitality Industry Wage Order (12 NYCRR part 146). The complaint alleges that Foremost assessed mandatory charges to its customers, allowed them to believe that the mandatory charges were...

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