Reported Cases
Bilyou v. Dutchess Beer Distribs.,
Inc., 2001 U.S. Dist. LEXIS 3342; 143 Lab. Cas. (CCH) P34,
235 (S.D.N.Y. 2001), aff'd, 300 F.3d 217, 146 Lab. Cas. (CCH) P34,576;
7 Wage & Hour Cas. 2d (BNA) 1793 (2d Cir. 2002) (Driver's claim
for unpaid overtime dismissed where the driver was subjet to the
motor carrier exemption of the Fair Labor Standards Act (FLSA) and
his employer's carriage of goods satisfied the interstate commerce
requirement of the FLSA).
Action Redi-Mix Corp. v. Davison, 292 A.D.2d 448, 739 N.Y.S.2d 41(2d Dep't 2002) (Determination of the zoning board was not supported by substantial evidence and was an improper attempt by a municipality to impose its zoning regulations upon lands outside its territorial limits).
MAG Assocs. v. SDR Realty, 247 A.D.2d 516, 669 N.Y.S.2d 314 (2d Dep't 1998) (Summary judgment in favor of defendant reversed because, although defendant established four out of five elements of adverse possession by clear and convincing evidence, a question of fact remained as to whether defendant possessed the property under a claim of right).
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