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MORENO v. AZ METRO DISTRIBS., LLC

2019-10224. Index No. 506437/19.

205 A.D.3d 1018 (2022)

166 N.Y.S.3d 910

2022 NY Slip Op 03380

Leslie Moreno, Appellant, v. AZ Metro Distributors, LLC, Respondent.

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

Decided May 25, 2022.

Attorney(s) appearing for the Case

Abdul K. Hassan Law Group, PLLC, Queens Village, NY, for appellant.

Westermann Sheehy Keenan Samaan & Aydelott, LLP, White Plains, NY (Christopher P. Keenan, of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

From August 2016 through March 2019, the plaintiff was employed by the defendant, which operates a beverage distribution business. On or about March 25, 2019, the plaintiff commenced this putative class action seeking, inter alia, to recover unpaid overtime wages. The defendant moved pursuant to CPLR 3211(a)(1) to dismiss the complaint. By order dated July 31, 2019, the Supreme Court granted the defendant's motion. The...

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