KRUTY v. MAX FINKELSTEIN INC (2021)

Supreme Court, Appellate Term, New York,

Joshua KRUTY, Appellant, v. MAX FINKELSTEIN, INC. and Michael Weller, Individually, Respondents.

2020-384 S C

Decided: August 26, 2021

PRESENT: TERRY JANE RUDERMAN, P.J., TIMOTHY S. DRISCOLL, HELEN VOUTSINAS, JJ.

Borrelli & Associates (Michael R. Minkoff, Alexander T. Coleman and Michael J. Borrelli of counsel), for appellant. Proskauer Rose LLP (Harris M. Mufson of counsel), for respondents.

ORDERED that the order is modified by denying the branch of defendants’ motion seeking summary judgment dismissing plaintiff's first cause of action; as so modified, the order is affirmed, without costs.

In this action by an employee to recover damages based on defendants’ alleged violation of Labor Law §§ 191 (1) (a) and 195 (3), plaintiff appeals from an order granting defendants’ motion for summary judgment dismissing the complaint.

For the reasons stated in Phillips v Max Finkelstein, Inc. (––– Misc 3d ––––, 2021 NY Slip Op –––– [appeal No. 2020-542 S C], decided herewith), the order is modified by denying the branch of defendants’ motion seeking summary judgment dismissing plaintiff's first cause of action.

RUDERMAN, P.J., DRISCOLL and VOUTSINAS, JJ., concur.

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