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ROBINSON v. GREAT WAITRESSES

Index. No. 152469/18. Appeal No. 13622. Case No. 2020-02572.

195 A.D.3d 140 (2021)

147 N.Y.S.3d 37

2021 NY Slip Op 02769

BARRY ROBINSON et al., Plaintiffs, v. GREAT PERFORMANCES/ARTISTS AS WAITRESSES, INC., et al., Appellants. GREAT PERFORMANCES/ARTISTS AS WAITRESSES, INC., et al., Third-Party Plaintiffs-Appellants, v. KENSINGTON EVENTS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Ellenoff Grossman & Schole LLP, New York City ( Lois M. Traub of counsel), for appellants.

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

WEBBER, J.P., OING and GONZÁLEZ, JJ., concur.

OPINION OF THE COURT

In this class action seeking to recover unpaid gratuities under Labor Law § 196-d, we are asked to determine whether an employer has a right to contractual indemnification from a third party for claims brought pursuant to that statute. We find that an employer does not have a right to contractual indemnification...

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