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ADOLFO MEREGILDO plf-ap, v. ANGELA DIAZ, def-res

4833. ADOLFO MEREGILDO plf-ap, v. ANGELA DIAZ, def-res — Gleason & Koatz, LLP, New York (John P. Gleason of counsel), for ap — Conover Law Offices, New York (Branford D. Conover of counsel), for res — Order, Supreme Court, New York County (Shlomo Hagler, J.), entered March 21, 2016, which granted defendant's motion for summary judgment dismissing the complaint and for partial summary judgment on liability on her counterclaims, and denied plaintiffs' cross motion for summary judgment dismissing the counterclaims, unanimously affirmed, without costs.

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4833. ADOLFO MEREGILDO plf-ap, v. ANGELA DIAZ, def-res — Gleason & Koatz, LLP, New York (John P. Gleason of counsel), for ap — Conover Law Offices, New York (Branford D. Conover of counsel), for res — Order, Supreme Court, New York County (Shlomo Hagler, J.), entered March 21, 2016, which granted defendant’s motion for summary judgment dismissing the complaint and for partial summary judgment on liability on her counterclaims, and denied plaintiffs’ cross motion for summary judgment dismissing the counterclaims, unanimously affirmed, without costs.

Plaintiffs failed to demonstrate that defendant was a “bona fide executive” exempt from coverage under the federal and state overtime compensation laws (see 29 CFR 541.100[a]; 12 NYCRR 142-2.14[c][4][i][a]-[e]; Clougher v. Home Depot U.S.A., Inc., 696 F Supp 2d 285, 289 n 4 [ED NY 2010]). In fact, the evidence supports defendant’s position that she was a covered employee and not an executive, as her duties were not “primarily” managerial. Contrary to plaintiffs’ contention, defendant’s allegations do not merely track the overtime compensation statutes (29 USC §207; Labor Law §663), and her testimony and that of others sufficiently demonstrates that she worked in excess of forty hours per week during specific months of the year, including often working until 9 or 10 p.m. and on Saturdays (see Dejesus v. HF Mgt. Services, LLC, 726 F3d 85, 88 [2d Cir 2013], cert denied __ US __, 134 S Ct 918 [2014]).

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