FOSTER v. SNOW (2023)

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

Cordia FOSTER et al., Plaintiffs–Respondents, v. Ian K. SNOW et al., Defendants–Appellants.

968 Decided: November 02, 2023

Oing, J.P., Moulton, González, Shulman, Rodriguez, JJ.

Mantel McDonough Riso, LLP, New York (Gerard A. Riso of counsel), for appellants. Law Offices of Scott A. Lucas, Harrison (Scott A. Lucas of counsel), for respondents.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered February 22, 2023, which denied defendants’ motion to compel plaintiffs to produce documents and interrogatory responses related to their prior and subsequent employment, unanimously affirmed, with costs.

The court providently exercised its discretion in denying defendants’ motion to compel plaintiffs to produce the requested documents and interrogatory responses related to plaintiffs’ compensation by their previous and subsequent employers (see 148 Magnolia, LLC v. Merrimack Mut. Fire Ins. Co., 62 A.D.3d 486, 487, 878 N.Y.S.2d 727 [1st Dept. 2009]). Defendants failed to show that this discovery was relevant and necessary to their defense of plaintiffs’ claims that they failed to pay plaintiffs overtime wages in violation of the New York Labor Law (see Molina v. Two Bros. Scrap Metal, Inc., 189 A.D.3d 1026, 1028, 133 N.Y.S.3d 868 [2d Dept. 2020]; Rosas v. Alice's Tea Cup, LLC, 127 F.Supp.3d 4, 11 [S.D.N.Y.2015]; cf. Currid v. Valea, 184 A.D.3d 511, 126 N.Y.S.3d 459 [1st Dept. 2020]).

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