Kessler v. Cliff Frocks, Inc.

Appellate Division of the Supreme Court of New York

Kessler v. Cliff Frocks, Inc.

271 A.D.2d 890

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

DecidedDecember 16, 1946

StatusPublished

This text of 271 A.D.2d 890 (Kessler v. Cliff Frocks, Inc.) 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

Kessler v. Cliff Frocks, Inc., 271 A.D.2d 890 (N.Y. Ct. App. 1946).

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Opinion

Action to recover for overtime work performed during a specified period by the plaintiff for the defendant, and for a penalty in connection therewith, pursuant to the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.). Judgment for the plaintiff reversed on the facts and a new trial granted, with costs to appellant, unless plaintiff, within ten days from the entry of the order hereon, stipulate to reduce the judgment to $672 and interest, plus an allowance of $300 counsel fee, in which event the judgment, as so reduced, is unanimously affirmed, with costs to the appellant. There is no adequate basis in the record for the assessment made by the trial, court. The parol proof and documentary evidence sustain at- most an assessment for 200 hours overtime, or $336 plus a penalty for a like amount. Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ., concur. [184 Mise. 561.]

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Action to recover for overtime work performed during a specified period by the plaintiff for the defendant, and for a penalty in connection therewith, pursuant to the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.). Judgment for the plaintiff reversed on the facts and a new trial granted, with costs to appellant, unless plaintiff, within ten days from the entry of the order hereon, stipulate to reduce the judgment to $672 and interest, plus an allowance of $300 counsel fee, in which event the judgment, as so reduced, is unanimously affirmed, with costs to the appellant. There is no adequate basis in the record for the assessment made by the trial, court. The parol proof and documentary evidence sustain at- most an assessment for 200 hours overtime, or $336 plus a penalty for a like amount. Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ., concur. [184 Mise. 561.]

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Bluebook (online)

271 A.D.2d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessler-v-cliff-frocks-inc-nyappdiv-1946.