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Aguilar v. Uncommon Grounds Enters. Inc.

Court Cannot Resolve Factual Disputes on a Pre-Answer Motion to Dismiss

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The following e-filed documents, listed by NYSCEF document number (Motion 004) 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Upon the foregoing documents, and after oral argument, which took place on January 24, 2023, where C.K. Lee, Esq. appeared for Plaintiff Brigido Galvez Aguilar (“Plaintiff”) and Ira Strum, Esq. appeared for all Defendants, the Defendants’ motion to dismiss pursuant to CPLR §3211(a)(1) and (a)(7) is denied, Defendants are directed to serve an answer, and the parties are directed to appear for a preliminary conference. I. Factual and Procedural Background Plaintiff is asserting claims based on violations of New York’s Labor Law (NYSCEF Doc. 80). This action was commenced on January 18, 2022 (NYSCEF Doc. 2). In the Complaint, Plaintiff alleged that Defendants collectively own and operate five restaurants as one integrated enterprise under the name “Dishes” (id. at 5). Plaintiff alleged that he worked for Dishes from December 2014 to March 2020. Plaintiff alleged that Defendants engaged in improper time shaving, improper tip credit practices, improper meal credit practices, and a variety of other violations of New York Labor Law (“NYLL”) (id. at

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