Grisetti v. Super Value, Inc.

Appellate Terms of the Supreme Court of New York

Grisetti v. Super Value, Inc.

189 Misc. 2d 800, 736 N.Y.S.2d 835, 2001 N.Y. Misc. LEXIS 885

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 30, 2001

StatusPublished

Cited by2 cases

This text of 189 Misc. 2d 800 (Grisetti v. Super Value, Inc.) 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.

Bluebook

Grisetti v. Super Value, Inc., 189 Misc. 2d 800, 736 N.Y.S.2d 835, 2001 N.Y. Misc. LEXIS 885 (N.Y. Ct. App. 2001).

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Opinion

OPINION OF THE COURT

Memorandum.

Judgment unanimously modified by reducing the award to plaintiff to the principal sum of $631.97; as so modified, affirmed without costs.

After the plaintiff voluntarily resigned his position with defendant, plaintiff commenced the instant small claims action to recover the value of his accrued vacation and personal days as well as his salary for one week which had not yet been paid.

[801]*801There is a distinction between vacation pay and vacation or personal time. While vacation pay is considered additional compensation for labor, the right to receive vacation or personal time is waivable (see, Matter of Croker v Sturgis, 175 NY 158; De Vita v Rand McNally & Co., 44 Misc 2d 906). Any rights incidental to vacation time, such as the option to receive payment in lieu thereof or the carrying over of same to the following year, are dependent on the employment contract. As the plaintiff failed to establish that the employment contract required defendant to pay its employees for unused vacation and personal time, plaintiff was not entitled to receive payment for any unused time. However, the record establishes that the plaintiff was entitled to recover unpaid salary less the offsets he conceded at trial.

Coppola, J. P., Doyle and Colabella, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Judgment unanimously modified by reducing the award to plaintiff to the principal sum of $631.97; as so modified, affirmed without costs.

After the plaintiff voluntarily resigned his position with defendant, plaintiff commenced the instant small claims action to recover the value of his accrued vacation and personal days as well as his salary for one week which had not yet been paid.

[801]*801There is a distinction between vacation pay and vacation or personal time. While vacation pay is considered additional compensation for labor, the right to receive vacation or personal time is waivable (see, Matter of Croker v Sturgis, 175 NY 158; De Vita v Rand McNally & Co., 44 Misc 2d 906). Any rights incidental to vacation time, such as the option to receive payment in lieu thereof or the carrying over of same to the following year, are dependent on the employment contract. As the plaintiff failed to establish that the employment contract required defendant to pay its employees for unused vacation and personal time, plaintiff was not entitled to receive payment for any unused time. However, the record establishes that the plaintiff was entitled to recover unpaid salary less the offsets he conceded at trial.

Coppola, J. P., Doyle and Colabella, JJ., concur.

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Bluebook (online)

189 Misc. 2d 800, 736 N.Y.S.2d 835, 2001 N.Y. Misc. LEXIS 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grisetti-v-super-value-inc-nyappterm-2001.

Opinion

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