Opinion
11-22-2016
William E. STOKELY, III, etc., et al., Plaintiffs–Respondents, v. UMG RECORDINGS, INC., et al., Defendants, Universal Music Publishing Inc., Defendant–Appellant.
Sidley Austin LLP, New York (Eric G. Hoffman of counsel), for appellant. Virginia & Ambinder, LLP, New York (LaDonna M. Lusher of counsel), for respondents.
Sidley Austin LLP, New York (Eric G. Hoffman of counsel), for appellant.
Virginia & Ambinder, LLP, New York (LaDonna M. Lusher of counsel), for respondents.
Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered January 28, 2016, which denied defendant Universal Music Publishing Inc.'s motion to dismiss the second amended complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
On behalf of himself and others similarly situated, plaintiff William E. Stokely, III, seeks unpaid minimum wage and overtime compensation from defendants Universal Music Publishing Inc. and UMG Recordings, Inc., which entities the complaint refers to “collectively” as “Defendant.” Plaintiff alleges that he worked as an unpaid intern for “Defendant.” In support of his allegation that defendants are single and/or joint employers, plaintiff asserts bare legal conclusions (see Ullmann v. Norma Kamali, Inc., 207 A.D.2d 691, 692, 616 N.Y.S.2d 583 [1st Dept.1994] ). There are no factual allegations that would support a finding of joint- or single-employer liability against Universal (see e.g. Shiflett v. Scores Holding Co., Inc., 601 Fed.Appx. 28, 30 [2d Cir.2015] ; Batilo v. Mary Manning Walsh Nursing Home Co., Inc., 140 A.D.3d 637, 33 N.Y.S.3d 715 [1st Dept.2016] )
FRIEDMAN, J.P., SAXE, RICHTER, GISCHE, KAPNICK, JJ., concur.