A class action lawsuit accusing Madison Square Garden of illegally withholding gratuities from service employees can go forward, a unanimous Appellate Division, First Department, panel ruled on Tuesday.

Justice Dianne Renwick wrote the opinion, joined by Justices David Friedman, Rolando Acosta, Sallie Manzanet-Daniels and Judith Gische. It affirmed an August 2011 order by Manhattan Supreme Court Justice Milton Tingling denying MSG’s motion to dismiss.