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GUTIERREZ v. BACTOLAC PHARMACEUTICAL, INC.

2019-11595. Index No. 609612/19.

210 A.D.3d 746 (2022)

177 N.Y.S.3d 704

2022 NY Slip Op 06233

Rubia E. Gutierrez et al., Appellants, v. Bactolac Pharmaceutical, Inc., Respondent.

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

Decided November 9, 2022.

Attorney(s) appearing for the Case

Moser Law Firm, P.C., Huntington, NY (Steven J. Moser of counsel), for appellants.

Jackson Lewis, P.C., Melville, NY (Jeffrey M. Schlossberg and William Kang of counsel), for respondent.

Duffy, J.P., Christopher, Dowling and Warhit, JJ., concur.

In an action, inter alia, to recover damages for alleged unpaid wages in violation of Labor Law § 650 et seq., the supporting New York State Department of Labor Regulations, 12 NYCRR part 142, and Labor Law § 191, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (William B. Rebolini, J.), dated September 23, 2019. The order granted the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order...

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