| Fonville v Legends Hospitality, LLC |
| 2021 NY Slip Op 03661 [195 AD3d 485] |
| June 10, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Shahade Fonville et al., Respondents, v Legends Hospitality, LLC, Appellant, et al., Defendant. |
Jackson Lewis P.C., New York (Daniel D. Schudroff of counsel), for appellant.
Aidala, Bertuna & Kamins, P.C., New York (Lawrence Spasojevich of counsel), for respondents.
Order, Supreme Court, Bronx County (Llinét M. Rosado, J.), entered June 26, 2020, which denied Legends Hospitality, LLC's motion to dismiss the complaint as against it for failure to state a cause of action, unanimously affirmed, without costs.
Plaintiffs' allegations are sufficient at the pleading stage to support the Labor Law wage claims against Legends as an employer (see Matter of Zurita v New York State Dept. of Labor, 175 AD3d 1182 [1st Dept 2019]; Bonito v Avalon Partners, Inc., 106 AD3d 625 [1st Dept 2013]). Concur—Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ. [Prior Case History: 67 Misc 3d 1233(A), 2020 NY Slip Op 50711(U).]