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BERGMANN v. STATE OF NEW YORK

281 A.D.2d 731 (2001)

722 N.Y.S.2d 82

H. KENNEDY BERGMANN et al., Appellants, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 8, 2001.

Crew III, J. P.

On December 26, 1997 claimant Randall S. Davis (hereinafter claimant), a State employee, and two others similarly situated filed a claim against the State for overtime compensation pursuant to the Fair Labor Standards Act of 1938 (29 USC §§ 201-219 [hereinafter FLSA]). The claim sought compensation for overtime allegedly worked during 1996 and 1997. The State answered and raised various affirmative defenses, including lack of subject matter...

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