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ROSARIO v. HALLEN CONSTR. CO., INC.

157141/21. Appeal No. 17556. Case No. 2022-04172.

214 A.D.3d 544 (2023)

183 N.Y.S.3d 849

2023 NY Slip Op 01490

Daniel Rosario et al., Appellants, v. The Hallen Construction Co., Inc., Respondent.

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

Decided March 21, 2023.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, New York ( Jack L. Newhouse of counsel), for appellants.

Rivkin Radler LLP, Uniondale ( Henry Mascia of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Nancy Bannon, J.), entered August 8, 2022, which, to the extent appealed from, granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously reversed, on the law, with costs, and the motion denied.

Plaintiffs' complaint sufficiently states a claim for unpaid overtime wages in violation of Labor Law §§ 191 and 663 and 12 NYCRR 142-2.2 (see Leon v Martinez,

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