Appellate Division of the Supreme Court of New York, 1939

People v. Primrose Wet Wash Laundry Co.

People v. Primrose Wet Wash Laundry Co.
Appellate Division of the Supreme Court of New York · Decided April 10, 1939
256 A.D. 1088; 11 N.Y.S.2d 302; 1939 N.Y. App. Div. LEXIS 6247
People v. Primrose Wet Wash Laundry Co.

Opinion of the Court

Judgments of conviction of violation of sections 195 and 196 of the Labor Law unanimously affirmed. Intent is not an element to be considered in determining whether or not the statutes have been violated. (N. Y. C. & H. R. R. R. Co. v. Williams, 64 Misc. 15; affd., without opinion, 136 App. Div. 904; affd., 199 N. Y. 108; affd., 233 U. S. 685; People v. Werner, 174 N. Y. 132; People v. Kibler, 106 id. 321; People v. Taylor, 192 id. 398; People ex rel. Price v. Sheffield Farms-S.-D. Co., 180 App. Div. 615.) There is no basis for a holding that the Legislature intended to make any exceptions by virtue of equitable circumstances in providing for the payment of wages in cash *1089and within the stipulated period. If inability to pay were to be considered as a defense, the statutes would be rendered nugatory. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.

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