Galvin v. Moschetta

Appellate Division of the Supreme Court of New York

Galvin v. Moschetta

33 A.D.2d 737, 305 N.Y.S.2d 865, 1969 N.Y. App. Div. LEXIS 2730

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 2, 1969

StatusPublished

This text of 33 A.D.2d 737 (Galvin v. Moschetta) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galvin v. Moschetta, 33 A.D.2d 737, 305 N.Y.S.2d 865, 1969 N.Y. App. Div. LEXIS 2730 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered July 8, 1969, and judgment entered thereon July 11, 1969, unanimously modified on the law without costs or disbursements by reducing the recovery granted plaintiff to the sum of $1,800 with 6% interest from April 1, 1964, and otherwise affirmed. Plaintiff’s claim that she worked at least 18 weeks for which she was not paid stands undenied. Whether she worked a longer period for which she was not paid, as well as her other claims upon which she seeks recovery, including restoration of salary to $150 per week, vacation and separation pay, have been sufficiently controverted to create issues of fact for resolution at the trial. Plaintiff is not entitled to liquidated damages under the Fair Labor Standards Act. Her wages were well above the minimum prescribed by the act in 1964 ($1.25 per hour, U. S. Code, tit. 29, § 206, subd. [a], par. [1]). Concur — Capozzoli, J. P., Tilzer, McGivern, Nunez and Steuer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order entered July 8, 1969, and judgment entered thereon July 11, 1969, unanimously modified on the law without costs or disbursements by reducing the recovery granted plaintiff to the sum of $1,800 with 6% interest from April 1, 1964, and otherwise affirmed. Plaintiff’s claim that she worked at least 18 weeks for which she was not paid stands undenied. Whether she worked a longer period for which she was not paid, as well as her other claims upon which she seeks recovery, including restoration of salary to $150 per week, vacation and separation pay, have been sufficiently controverted to create issues of fact for resolution at the trial. Plaintiff is not entitled to liquidated damages under the Fair Labor Standards Act. Her wages were well above the minimum prescribed by the act in 1964 ($1.25 per hour, U. S. Code, tit. 29, § 206, subd. [a], par. [1]). Concur — Capozzoli, J. P., Tilzer, McGivern, Nunez and Steuer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 737, 305 N.Y.S.2d 865, 1969 N.Y. App. Div. LEXIS 2730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galvin-v-moschetta-nyappdiv-1969.