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Labor: Fair Standards | New York Eastern
Order on Motion for Pre Motion Conference
ORDER finding as moot 12 Motion for Pre Motion Conference. The Court waives pre-motion conference requirement and stays this case pending potential clarification of the applicable state law by the New York Court of Appeals.
A brewing department split within the New York Appellate Division exists as to whether there is a private right of action under NYLL § 191 to enforce New York's weekly pay requirements for manual workers. Compare Vega v. CM & Assoc. Constr. Mgt., LLC, 107 N.Y.S.3d 286 (N.Y. App. Div. 1st Dep't 2019), with Grant v. Global Aircraft Dispatch, Inc., 223 A.D.3d 712 (N.Y. App. Div. 2d Dep't 2024). Considering this conflicting authority from the New York appellate courts, the Court's challenge is to predict whether the New York Court of Appeals will agree with the reasoning in Vega or the reasoning in Grant. See Broder v. Cablevision Sys. Corp., 418 F.3d 187, 199-200 (2d Cir. 2005) ("As a federal court applying state law, we are generally obliged to follow the state law decisions of state intermediate appellate courts... [i]n the absence of any contrary New York authority or other persuasive data establishing that the highest court of the state would decide otherwise." (quotation marks and bracket omitted)). Further complicating any prediction is Grant's analysis, which suggests that Vega's holding may be irreconcilable with the New York Court of Appeals' recent decision in Konkur v. Utica Academy of Science Charter School, 38 N.Y.3d 38 (2022). See 223 A.D.3d at 719-20.
The New York Court of Appeals has yet to address this question. But that may soon change. The Plaintiff in Grant recently filed a motion with the Second Department seeking leave to appeal to the New York Court of Appeals, which is currently pending. (See App. Div. Docket No. 2021-03202 (Feb. 15, 2024), NYSCEF Doc. No. 24). In light of these developments, the Court finds the pre-motion conference letter moot and stays this case, pending the New York Court of Appeals' potential review of Grant. The parties are directed to file a joint status report within 10 days of the Second Department's decision.
Order on Motion for Extension of Time to Answer
ORDER granting 21 Motion for Extension of Time to Answer. The time for Leslie Ng, Craig Nussbaum, Paul Nussbaum, Anthony Sherman, Terrapin Hospitality LLC, Terrapin Staffing Company LLC, Terrapin Staffing Corporation, Terrepin Staffing Corp., Waramaug Hauppauge LLC and Waramaug Hospitality LLC to answer, move against or otherwise respond to the Amended Complaint is extended until July 12, 2024. Ordered by Magistrate Judge Arlene R. Lindsay on 6/12/2024. (BJ)
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