Twyman v. Milk Bottlers Federation

267 A.D. 918, 47 N.Y.S.2d 206, 1944 N.Y. App. Div. LEXIS 5507

Opinion

In an action for unpaid minimum wages and unpaid compensation for overtime alleged to be due under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, §§ 201-219), plaintiffs appeal, by permission of this court, from an order of the Appellate Term which affirmed a judgment of the City Court, Kings County, dismissing the complaint on the merits. Order unanimously affirmed, with costs. We find that the business of the defendant is that of a service establishment and that as such it is within the exception provided for in the second clause of subdivision (a) of section 13 of the statute [U. S. Code, tit. 29, § 213, subd. (a), el. (2)]. Present — Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ. [180 Misc. 229, 232; 180 Misc. 788.]