TEZOCO v. GE & LO CORP.

Index No. 22319/18E. Appeal No. 14649. Case No. 2020-04763.

199 A.D.3d 541 (2021)

158 N.Y.S.3d 39

2021 NY Slip Op 06463

Rodrigo Tezoco et al., Appellants, v. GE & LO Corp., Doing Business as Burger Hut, et al., Respondents.

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

Decided November 18, 2021.


Attorney(s) appearing for the Case

Samuel & Stein, New York ( Michael Samuel of counsel), for appellants.

Demetrious Adamis, P.C., Fresh Meadows ( Demetrious Adamis of counsel), for respondents.

Concur— Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.


The record presents no circumstances warranting dismissal of the complaint (see Blake v Blake, 156 A.D.3d 523 [1st Dept 2017]). Labor Law § 663 authorizes any employee paid less than the wage to which he or she is entitled to commence a civil action to recover underpayments and liquidated damages. Contrary to the motion court's directive, there is no requirement that the employee exhaust his or her administrative remedies prior...

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