Legal Opinion

Ibarra v. 101 Park Restaurant Corp.

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

Decided June 1, 2016No. 2014-08497PublishedCited by 9 opinions

1Opinion of the Court

In a putative class action to recover damages for violations of Labor Law § 196-d, the defendants appeal from an order of the Supreme Court, Queens County, (Hart, J.), dated August 4, 2014, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants’ motion which was for summary judgment dismissing so much of the complaint as was asserted by the plaintiffs who are union members subject to the mandatory arbitration provisions of a certain collective bargaining…

2Cases cited18 opinions

  1. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  2. Wright v. Universal Maritime Service Corp.Supreme Court of the United States · 1999
  3. 14 Penn Plaza LLC v. PyettSupreme Court of the United States · 2009
  4. Samiento v. World Yacht Inc.New York Court of Appeals · 2008
  5. Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997

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3Cited by9 opinions

  1. Lomeli v. Falkirk Mgt. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  2. DiGregorio v. Long Is. Univ.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Membrives v. HHC TRS FP Portfolio, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Button v. Metropolitan Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Wilson v. PBM, LLCAppellate Division of the Supreme Court of the State of New York · 2021

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