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ROSENBERG v. OSG, LLC

Index No. 158616/21, Appeal No. 1611, Case No. 2023-01782.

2024 NY Slip Op 00691

STEPHANIE ROSENBERG ET AL., Plaintiffs-Appellants, v. OSG, LLC DOING BUSINESS AS ODYSSEY STUDY GROUP ET AL., Defendants-Respondents.

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

Decided February 8, 2024.

Attorney(s) appearing for the Case

Lieb at Law, P.C., Smithtown ( Mordy Yankovich of counsel), for appellants.

Eva H. Posman , New York, for OSG, LLC, Sharon Gans Horn, Minerva Taylor, Lorraine Imlay and Michael Horn, fiduciary respondents.

Sonnenfeld & Richman LLP, New York ( Judith R. Richman of counsel), for Minerva Taylor, Lorraine Imlay, Ken Salaz and Greg Koch, individual respondents.

Before: Manzanet-Daniels, J.P., Kern, Friedman, O'Neill Levy, Michael, JJ.

Order, Supreme Court, New York County (Lori Sattler, J.), entered on or about October 4, 2022, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs' claims under the New York Labor Law were properly dismissed, as the complaint fails to allege that they were "employees" of defendant OSG, LLC, d/b/a Odyssey Study Group (OSG) or any of the individual defendants (see Heijung Park v Nam Yong Kim, 205 A.D...

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