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TESHABAEVA v. FAMILY HOME CARE SERVS. OF BROOKLYN & QUEENS, INC.

Index No. 158949/17. Appeal No. 14395. Case No. 2020-03620.

198 A.D.3d 500 (2021)

156 N.Y.S.3d 21

2021 NY Slip Op 05654

Maktumma Teshabaeva et al., Respondents, v. Family Home Care Services of Brooklyn and Queens, Inc., et al., Appellants.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Ford Harrison LLP, New York ( Philip K. Davidoff of counsel), for appellants.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher of counsel), for respondents.

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.

Based on this Court's decisions in similar cases arising from agreements between SEIU 1199 and various home health care providers to create alternative dispute resolution mechanisms for labor law claims like those asserted by plaintiffs herein, the court properly found that plaintiffs are not bound by the alternative dispute resolution provisions of the 2015 memorandum of agreement (2015 MOA) because they ceased their employment with defendant agencies before the 2015 MOA...

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