CABRERA v. DEADWOOD CONSTR., INC.

2022-01817, Index No. 50350/21.

2024 NY Slip Op 01905

EDGAR CABRERA, ETC., ET AL., Respondents, v. DEADWOOD CONSTRUCTION, INC., ET AL., Appellants, ET AL., Defendants.

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

Decided April 10, 2024.


Attorney(s) appearing for the Case

Milman Labuda Law Group PLLC, Lake Success, NY ( Jamie S. Felsen and Emanuel Kataev of counsel), for appellants.

Virginia & Ambinder, LLP, New York, NY ( Jack L. Newhouse and Joel L. Goldenberg of counsel), for respondents.

Before: Cheryl E. Chambers, J.P., Helen Voutsinas, Lillian Wan, Laurence L. Love, JJ.


DECISION & ORDER

In a putative class action, inter alia, to recover unpaid wages, the defendants Deadwood Construction, Inc., Jerome Harrigan, and Patrick Farrell appeal from an order of the Supreme Court, Westchester County (James W. Hubert, J.), dated March 7, 2022. The order denied those defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the amended complaint insofar as asserted against them.

ORDERED that the order is modified, on the law,...

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