Summary
This Appellate Division, First Department order affirms the Supreme Court's grant of plaintiffs' motions for leave to amend their complaint and for partial summary judgment on a claim under Labor Law § 191(1). The court found that defendants failed to raise triable issues of fact regarding whether they properly paid nonexempt manual workers on a weekly basis. Additionally, the appellate court upheld the trial court's discretionary decisions to permit the amendment and entertain successive summary judgment motions due to lack of prejudice and procedural history.
Topics
Practice areas
Questions Presented
- Whether the trial court properly granted leave to amend the complaint.
- Whether the trial court properly granted summary judgment on the plaintiffs' claim under Labor Law §191(1).
Holdings
- The appellate court affirmed the trial court's grant of leave to amend the complaint.
- The appellate court affirmed the trial court's grant of partial summary judgment on the Labor Law claim.
Factual background
Plaintiffs, nonexempt manual workers (a delivery driver and a warehouse worker), alleged that Winstar Service Inc. failed to pay them weekly wages required under Labor Law §191(1). Defendants possessed the relevant payroll documents but produced them late, prompting the plaintiffs' motions.
Procedural history
The Supreme Court, New York County entered an order on November 16, 2023 granting the plaintiffs leave to amend their complaint and granting partial summary judgment on their Labor Law §191(1) claim. The order was appealed to the Appellate Division, First Department.