Koerner v. Associated Linen Laundry Suppliers, Inc.

Appellate Terms of the Supreme Court of New York

Koerner v. Associated Linen Laundry Suppliers, Inc.

185 Misc. 123, 57 N.Y.S.2d 92, 1945 N.Y. Misc. LEXIS 2168

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 1, 1945

StatusPublished

Cited by3 cases

This text of 185 Misc. 123 (Koerner v. Associated Linen Laundry Suppliers, 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

Koerner v. Associated Linen Laundry Suppliers, Inc., 185 Misc. 123, 57 N.Y.S.2d 92, 1945 N.Y. Misc. LEXIS 2168 (N.Y. Ct. App. 1945).

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Opinion

Memorandum Per Curiam.

The defendant was not a service establishment within the exemption of clause (2) of subdivision (a) of section 13 of the Fair Labor Standards Act of 1938 (IT. S. Code, tit. 29, § 213, subd. [a], clause [2]) and plaintiff was engaged in an occupation necessary to the production of goods for commerce within the meaning of subdivision (a) [125]*125of section 7 of the Act (U. S. Code, tit. 29, § 207, subd. [a]). (Philips v. Star Overall Dry Cleaning Laundry Co., 55 F. Supp. 238, affd. sub. nom. Phillips v. Star Overall Dry Cleaning Laundry Co., 149 F. 2d 416.)

The judgment should be modified by striking out the interest included in recovery, and as modified affirmed, with $25 costs to respondent, and $150 attorney’s fee allowed him on the appeal.

Shientag, McLaughlin and Hecht, JJ., concur.

Judgment accordingly.

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Memorandum Per Curiam.

The defendant was not a service establishment within the exemption of clause (2) of subdivision (a) of section 13 of the Fair Labor Standards Act of 1938 (IT. S. Code, tit. 29, § 213, subd. [a], clause [2]) and plaintiff was engaged in an occupation necessary to the production of goods for commerce within the meaning of subdivision (a) [125]*125of section 7 of the Act (U. S. Code, tit. 29, § 207, subd. [a]). (Philips v. Star Overall Dry Cleaning Laundry Co., 55 F. Supp. 238, affd. sub. nom. Phillips v. Star Overall Dry Cleaning Laundry Co., 149 F. 2d 416.)

The judgment should be modified by striking out the interest included in recovery, and as modified affirmed, with $25 costs to respondent, and $150 attorney’s fee allowed him on the appeal.

Shientag, McLaughlin and Hecht, JJ., concur.

Judgment accordingly.

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Bluebook (online)

185 Misc. 123, 57 N.Y.S.2d 92, 1945 N.Y. Misc. LEXIS 2168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koerner-v-associated-linen-laundry-suppliers-inc-nyappterm-1945.

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