Bleakley Platt & Schmidt, LLP
 
Matthew G. Parisi  

Matthew G. Parisi

Partner
   

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).