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MENDOZA v. CORNELL UNIV.

Index No. 808925/21E. Appeal No. 83. Case No. 2022-04260.

215 A.D.3d 590 (2023)

189 N.Y.S.3d 159

2023 NY Slip Op 02180

Miluska Mendoza, Appellant, v. Cornell University, Also Known as Weill Cornell Medical College, Respondent.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

David Abrams , Attorney at Law, New York, for appellant.

Weill Cornell Medicine, New York ( Rachel E. Kramer of counsel), for respondent.

Concur—Oing, J.P., González, Shulman, Higgitt, JJ.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered July 26, 2022, which granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion to amend the complaint, unanimously affirmed, without costs.

Plaintiff fails to set forth sufficient allegations to support her Labor Law overtime claim because she does not allege that "she worked more than 40 hours per week" (Kirby v Carlo's Bakery 42nd & 8th LLC, 212 A.D.3d 441, 442...

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