JONATHAN WEINSTEIN, resap, v. KLOCKE OF AMERICA, INC. APPELLANTS-res

JONATHAN WEINSTEIN, resap, v. KLOCKE OF AMERICA, INC. APPELLANTS-res — (INDEX NO. 23396/10)In an action, inter alia, to recover damages for violations of Labor Law §§191, 191-c, and 215, the defendants appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered May 19, 2015, as, upon granting those branches of the plaintiff's motion which were for leave to reargue his opposition to those branches of the defendants' prior motion which were for summary judgment dismissing the second, third, fourth, and fifth causes of action in the second amended complaint, which had been granted in an order of the same court entered January 13, 2015, in effect, vacated the determination in the order entered January 13, 2015, granting those branches of the defendants' prior motion, and thereupon denied those branches of the prior motion, and (2) from so much of an order of the same court entered October 15, 2015, as, upon reargument, adhered to the determination in the order entered May 19, 2015, denying that branch of their motion which was for summary judgment dismissing the second cause of action in the second amended complaint, and the plaintiff cross-appeals, as limited by his brief, from so much of the order entered October 15, 2015, as, upon reargument, in effect, vacated so much of the order entered May 19, 2015, denying those branches of the defendants' motion which were for summary judgment dismissing the third, fourth, fifth, and sixth causes of action in the second amended complaint and to strike his demand for a jury trial, and thereupon granted those branches of the defendants' motion.

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JONATHAN WEINSTEIN, resap, v. KLOCKE OF AMERICA, INC. APPELLANTS-res — (INDEX NO. 23396/10)In an action, inter alia, to recover damages for violations of Labor Law §§191, 191-c, and 215, the defendants appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered May 19, 2015, as, upon granting those branches of the plaintiff’s motion which were for leave to reargue his opposition to those branches of the defendants’ prior motion which were for summary judgment dismissing the second, third, fourth, and fifth causes of action in the second amended complaint, which had been granted in an order of the same court entered January 13, 2015, in effect, vacated the determination in the order entered January 13, 2015, granting those branches of the defendants’ prior motion, and thereupon denied those branches of the prior motion, and (2) from so much of an order of the same court entered October 15, 2015, as, upon reargument, adhered to the determination in the order entered May 19, 2015, denying that branch of their motion which was for summary judgment dismissing the second cause of action in the second amended complaint, and the plaintiff cross-appeals, as limited by his brief, from so much of the order entered October 15, 2015, as, upon reargument, in effect, vacated so much of the order entered May 19, 2015, denying those branches of the defendants’ motion which were for summary judgment dismissing the third, fourth, fifth, and sixth causes of action in the second amended complaint and to strike his demand for a jury trial, and thereupon granted those branches of the defendants’ motion.

ORDERED that the appeal from the order entered May 19, 2015, is dismissed, without costs or disbursements, as that order was superseded by the order entered October 15, 2015, made upon reargument; and it is further,

JONATHAN WEINSTEIN, resap, v. KLOCKE OF AMERICA, INC. APPELLANTS-res

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