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VELASQUEZ v. SUNSTONE RED OAK, LLC

2019-11119 Index No. 51015/16.

213 A.D.3d 883 (2023)

184 N.Y.S.3d 787

2023 NY Slip Op 00892

Marianella Velasquez, Appellant-Respondent, v. Sunstone Red Oak, LLC, et al., Respondents-Appellants.

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

Decided February 15, 2023.

Attorney(s) appearing for the Case

Leeds Brown Law, P.C., Carle Place, NY ( Michael A. Tompkins of counsel), for appellant-respondent.

Meltzer, Lippe, Goldstein & Breitstone LLP, Mineola, NY ( Gerald Waters of counsel), for respondents-appellants.

Duffy, J.P., Chambers, Maltese and Wooten, JJ., concur.

In a putative class action to recover damages for violations of Labor Law article 6, the plaintiff appeals, and the defendants cross-appeal, from an order of the Supreme Court, Westchester County (Helen M. Blackwood, J.), dated February 5, 2019. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was to impose sanctions against the defendants for spoliation of evidence. The order, insofar as cross-appealed from, denied the defendants' cross...

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