Chinchilla v. Foreign Tankship Corp.

Appellate Terms of the Supreme Court of New York

Chinchilla v. Foreign Tankship Corp.

197 Misc. 1058, 97 N.Y.S.2d 835, 1950 N.Y. Misc. LEXIS 1711

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 20, 1950

StatusPublished

This text of 197 Misc. 1058 (Chinchilla v. Foreign Tankship Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chinchilla v. Foreign Tankship Corp., 197 Misc. 1058, 97 N.Y.S.2d 835, 1950 N.Y. Misc. LEXIS 1711 (N.Y. Ct. App. 1950).

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Opinion

Per Curiam.

The court below incorrectly allowed maintenance of $210 for the one month’s leave pay to which plaintiff would have been entitled before June 15,1948. Plaintiff was not entitled to leave pay and maintenance for the period after June, 1948, during which he did not work for defendant.

The judgment should he modified to the extent of reducing the amount of recovery from $3,262.50 to $3,052.50, and as modified affirmed, with costs to the respondent.

Hofstadter, Pécora and Heoht, JJ., concur.

Judgment accordingly.

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Per Curiam.

The court below incorrectly allowed maintenance of $210 for the one month’s leave pay to which plaintiff would have been entitled before June 15,1948. Plaintiff was not entitled to leave pay and maintenance for the period after June, 1948, during which he did not work for defendant.

The judgment should he modified to the extent of reducing the amount of recovery from $3,262.50 to $3,052.50, and as modified affirmed, with costs to the respondent.

Hofstadter, Pécora and Heoht, JJ., concur.

Judgment accordingly.

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Bluebook (online)

197 Misc. 1058, 97 N.Y.S.2d 835, 1950 N.Y. Misc. LEXIS 1711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chinchilla-v-foreign-tankship-corp-nyappterm-1950.