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GROSS v. CAPITAL ONE, N.A.

2019-05676. Index No. 62889/13.

204 A.D.3d 761 (2022)

167 N.Y.S.3d 103

2022 NY Slip Op 02396

James A. Gross, Appellant, v. Capital One, N.A., Respondent.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Neil H. Greenberg & Associates, P.C., Massapequa, NY (Melanie J. Lazarus of counsel), for appellant.

Jackson Lewis, P.C., Melville, NY (Noel P. Tripp and Brittany A. Tarazona of counsel), for respondent.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff was employed as a relationship manager by the defendant beginning in May 2007. He received base compensation, and was entitled to receive commissions.

In June 2012, the plaintiff commenced an action against the defendant in federal court seeking unpaid overtime wages (hereinafter the federal action). In the complaint, the plaintiff alleged violations of the Fair Labor Standards Act (29 USC §...

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