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SEBASTIAN AREVALO, plf-ap, v. SEYMOUR M. BURG, def-res

15292N. SEBASTIAN AREVALO, plf-ap, v. SEYMOUR M. BURG, def-res — Borrelli & Associates, P.L.L.C., New York (Anthony P. Malecki of counsel), for ap — Bond Schoeneck & King, PLLC, New York (Barbara V. Cusumano of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 23, 2014, which denied plaintiff's motion for leave to amend his complaint to add a claim for retaliation under Labor Law 215, unanimously affirmed, without costs.

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15292N. SEBASTIAN AREVALO, plf-ap, v. SEYMOUR M. BURG, def-res — Borrelli & Associates, P.L.L.C., New York (Anthony P. Malecki of counsel), for ap — Bond Schoeneck & King, PLLC, New York (Barbara V. Cusumano of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 23, 2014, which denied plaintiff’s motion for leave to amend his complaint to add a claim for retaliation under Labor Law 215, unanimously affirmed, without costs.

The court properly denied plaintiff’s motion for leave to amend the complaint because the proposed retaliation claim is insufficient (see Bishop v. Maurer, 83 AD3d 483, 485 [1st Dept 2011]). As we have previously noted, “It is the rare case that the filing of a counterclaim can serve as the basis for a retaliation claim” (Klein v. Town & Country Fine Jewelry Group, 283 AD2d 368, 369 [1st Dept 2001]). There is nothing to indicate that the interposition of defendant’s counterclaims in any way chilled plaintiff’s exercise of his rights (id.). Plaintiff’s contention that Klein is distinguishable because it involved discrimination rather than the Labor Law is unavailing. The cases cited by plaintiff state that the retaliation analysis under Title VII of the Civil Rights Act of 1964 (42 USC §2000e et seq.), an antidiscrimination statute, applies to the Labor Law (see Torres v. Gristede’s Operating Corp., 628 F Supp 2d 447, 471-472 nn 18-19 [SD NY 2008]); Fei v. WestLB AG, 2008 WL 594768, *2 n 2, 2008 US Dist LEXIS 16338, *6-7 n 2 [SD NY, March 5, 2008, No. 07CV8785(HB)(FM)]).

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