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VANDEE v. SUIT-KOTE CORP.

454 CA 21-01696.

208 A.D.3d 1012 (2022)

173 N.Y.S.3d 805

2022 NY Slip Op 04852

Andrew G. Vandee et al., Individually and on Behalf of All Others Similarly Situated, Appellants, v. Suit-Kote Corporation, Respondent.

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

FINN LAW OFFICES, ALBANY (RYAN M. FINN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BOND, SCHOENECK & KING PLLC, SYRACUSE (BRIAN J. BUTLER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion for summary judgment insofar as it sought to dismiss the first cause of action and reinstating that cause of action, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs are members of a class of employees who allege that defendant failed to pay them prevailing supplemental (or fringe) benefits...

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