Legal Opinion

Escoto v. Leonard Meiselman, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 2, 2001Published

1Opinion of the Court

—In an action to recover overtime pay, the plaintiff appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated July 27, 2000, which granted the defendants’ motion to dismiss the action as time-barred.

Ordered that the order is affirmed, with costs.

The plaintiffs action to recover overtime pay allegedly due and owing under 29 USC § 207 (see, Hornstein v Negev Airbase Constr., 110 AD2d 884; Gallegos v Brandeis School, 189 FRD 256) was properly dismissed as time-barred (see, 29 USC § 255; Sauerzopf v North Am. Cement Corp., 301 NY 158). Bracken, P. J., O’Brien, Goldstein and…

2Cases cited2 opinions

  1. Sauerzopf v. North American Cement Corp.New York Court of Appeals · 1950
  2. Hoenstein v. Negev Airbase ConstructorsAppellate Division of the Supreme Court of the State of New York · 1985

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