The following numbered papers were read on this motion: NYSCEF Doc No. 3: Defendants’ Notice of Motion to Compel Arbitration NYSCEF Doc No. 4: Affirmation of Vincent Miletti, Esq. in Support of Motion to Compel Arbitration NYSCEF Doc No. 5: Defendants’ Memorandum of Law in Support of Motion to Compel Arbitration NYSCEF Doc No. 6: Exhibit A, Independent Contractor Agreement NYSCEF Doc No. 7: Exhibit B, Certificate of Incorporation NYSCEF Doc No. 8: Exhibit C, Summons and Complaint NYSCEF Doc No. 9: Request for Judicial Intervention NYSCEF Doc No. 10: Defendants’ Notice of Motion to Dismiss Complaint NYSCEF Doc No. 11: Affirmation of Vincent Miletti, Esq. in Support of Motion to Dismiss Complaint NYSCEF Doc No. 12: Memorandum of Law in Support of Defendants’ Motion to Dismiss Complaint NYSCEF Doc No. 13: Affidavit of Dr. Igor Shtarkman in Support of Motion to Dismiss Complaint NYSCEF Doc No. 14: Affidavit of Dr. Gabriella Shvartsberg in Support of Motion to Dismiss Complaint NYSCEF Doc No. 15: Affidavit of Julia Alikina in Support of Motion to Dismiss Complaint NYSCEF Doc No. 16: Affidavit of Yekaterina Grauer, DPM in Support of Motion to Dismiss Complaint NYSCEF Doc No. 17: Exhibit A, Independent Contractor Agreement NYSCEF Doc No. 18: Exhibit B, Stipulation NYSCEF Doc No. 19: Exhibit C, Separation Letter, dated January 21, 2021 NYSCEF Doc No. 20: Exhibit D, Complaint, Suffolk County NYSCEF Doc No. 21: Exhibit E, Amended Complaint in Suffolk County Supreme Court NYSCEF Doc No. 22: Exhibit F, Order in Suffolk County Supreme Court NYSCEF Doc No. 23: Exhibit G, Corporate Documents re VB Billing Services, Inc. NYSCEF Doc No. 24: Exhibit H, Five-star review of medical facility NYSCEF Doc No. 25: Exhibit I, Valerie Bondarevsky message to Dr. Shtarkman, dated February 22, 2021 NYSCEF Doc No. 26: Exhibit J, Valerie Bondarevsky picture in scrubs, dated March 17, 2021 NYSCEF Doc No. 27: Exhibit K, Payroll reports, dated September 2, 2021 NYSCEF Doc No. 28: Exhibit L, Summons and Complaint NYSCEF Doc No. 29: Exhibit M, Affidavit of Julie Alikina in Support of Motion to Dismiss Complaint NYSCEF Doc No. 30: Exhibit N, Affidavit of Dr. Gabriela Shvartsberg in Support of Motion to Dismiss Complaint NYSCEF Doc No. 31: Exhibit O, Affidavit of Yekaterina Grauer, DPM in Support of Motion to Dismiss Complaint NYSCEF Doc No. 38: Notice of Plaintiff’s Cross-Motion to Dismiss Counterclaims NYSCEF Doc No. 39: Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion to Dismiss Complaint & in Support of Cross-Motion to Dismiss Counterclaims NYSCEF Doc No. 40: Affirmation of Robert V. Beltrani, Esq. in Opposition to Defendants’ Motion to Dismiss Complaint & in Support of Cross-Motion to Dismiss Counterclaims NYSCEF Doc No. 41: Exhibit A, Note NYSCEF Doc No. 42: Exhibit B, Message NYSCEF Doc No. 43: Exhibit C, Message NYSCEF Doc No. 44: Affirmation of Robert V. Beltrani, Esq. in Opposition to Motion to Compel Arbitration NYSCEF Doc No. 45: Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion to Compel Arbitration NYSCEF Doc No. 46: Defendants’ Memorandum of Law in Opposition to Cross-Motion to Dismiss Counterclaims NYSCEF Doc No. 47: Defendants’ Reply Memorandum of Law in Support of Motion to Compel Arbitration NYSCEF Doc No. 48: Defendants’ Reply Memorandum of Law in Support of Motion to Dismiss Complaints NYSCEF Doc No. 49: Reply Affirmation of Robert V. Beltrani, Esq. in Support of Motion to Dismiss Complaints NYSCEF Doc No. 50: Letter to Court from Law Offices of Robert Beltrani, dated May 7, 2024, Referencing Audio Recording on USB flash drive DECISION AND ORDER Upon the foregoing papers, the within motions are determined as follows. Calendar No. 3, Motion Sequence No. 2 Defendants’ Motion to Compel Arbitration of the Dispute Alleged in the Complaint as it Pertains to Plaintiff Valerie Bondarevsky Defendants Shamis Chiropractic P.C. and Igor Shtarkman (collectively, “Defendants”) seek the following relief: (1) An Order compelling arbitration of the dispute alleged in the Complaint, as it concerns Plaintiff Valerie Bondarevsky and staying the action pursuant to CPLR 7503 (see NYSCEF Doc No. 3, Notice of Motion); or (2) In the alternative, if a stay is not granted, Defendants seek an Order directing that the action be bifurcated, to continue with respect to Plaintiff Margarita Bartasunaite in this Court (id.). The Nature of the Action Plaintiff Valerie Bondarevsky commenced the present action against Defendants Shamis Chiropractic P.C. (“Defendant Shamis Chiropractic”) & Igor Shtarkman (“Defendant Dr. Shtarkman”), alleging that Defendants: Failed to pay Plaintiff Valerie Bondarevsky overtime wages in violation of the Fair Labor Standards Act (“FLSA”) (1st cause of action) (see NYSCEF Doc No. 8, Verified Complaint
82-86); Failed to pay Plaintiff Valerie Bondarevsky wages and overtime wages in violation of the New York Labor Law (“NYLL”) (2nd cause of action) (id.
