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MEMBRIVES v. HHC TRS FP PORTFOLIO, LLC

2018-09117. Index No. 607828/15.

196 A.D.3d 560 (2021)

151 N.Y.S.3d 423

2021 NY Slip Op 04349

Pedro Membrives et al., Respondents, v. HHC TRS FP Portfolio, LLC, et al., Appellants.

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

Decided July 14, 2021.

Attorney(s) appearing for the Case

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New York, NY ( Aaron Warshaw and Jamie Haar of counsel), for appellants.

Leeds Brown Law, P.C., Carle Place, NY ( Suzanne Leeds Klein , Jeffrey K. Brown , Michael A. Tompkins , and Brett R. Cohen of counsel), for respondents.

Dillon, J.P., Miller, Barros and Connolly, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiffs' motion which was for summary judgment on the cause of action alleging a violation of Labor Law § 196-d, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

In December 2015, the plaintiffs commenced this class action

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