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ALAINA SIMONE INC. v. MADDEN

Index No. 158106/18. Appeal No. 14914-14914A. Case Nos. 2021-00308, 2021-00309.

200 A.D.3d 589 (2021)

156 N.Y.S.3d 716

2021 NY Slip Op 07497

Alaina Simone Incorporated et al., Appellants, v. Waverly Madden et al., Respondents.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Stropheus LLC, New York ( Stuart Weichsel of counsel), for appellants.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

The motion court properly dismissed plaintiffs' FLSA claims pursuant to CPLR 3211 on the ground that the complaint is devoid of factual allegations showing that Madden was the employer of the workers used by plaintiff Alaina Simone Incorporated (ASI) in sorting and handling the artwork in the estate's possession in Georgia (29 USC § 203[d]; see Herman v RSR Sec. Servs. Ltd., 172 F.3d 132, 139 [2d Cir 1999]; cf. Moses v Griffin...

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