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ACKERMAN v. NEW YORK HOSP. MED. CTR. OF QUEENS

2014-05671, Index No. 702965/13.

127 A.D.3d 794 (2015)

7 N.Y.S.3d 327

2015 NY Slip Op 02920

ROBERT ACKERMAN, on Behalf of Himself and All Others Similarly Situated, Respondent, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, Appellant.

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

Decided April 8, 2015.

In a putative class action, inter alia, to recover damages pursuant to Labor Law article 6, the defendant appeals from so much of an order of the Supreme Court, Queens County (Sampson, J.), entered April 17, 2014, as denied those branches of its motion which were pursuant to CPLR 3211 (a) (7) to dismiss the first and third causes of action and the class action allegations of the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar...

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