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Appellate Division of the Supreme Court of New York, 1944

Grant v. I. A. Management Corp.

Grant v. I. A. Management Corp.
Appellate Division of the Supreme Court of New York · Decided January 28, 1944
267 A.D. 355; 45 N.Y.S.2d 849; 1944 N.Y. App. Div. LEXIS 4724

Counsel

Samuel G. Buchalter for appellants., Irwin Weinstein of counsel (Norman L. Marks with him on the brief; Lind & Marks, attorneys), for respondent.

Grant v. I. A. Management Corp.

Opinion of the Court

Per Curiam.

There was evidence establishing that each of the plaintiffs was entitled to recover additional compensation under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.), even though the amount of the additional compensation was in' dispute. It was, therefore, error to dismiss the complaint for failure of proof.

The judgment, and the order so far as appealed from, should be reversed and a new trial ordered, with costs to the appellants to abide the event.

Martin, P. J., Townley, Untermyer, Dobe and Callahan, JJ., concur.

" Judgment, and the order so far as appealed from, unanimously reversed and a new trial ordered, with costs to the appellants to abide the event. [See post, p. 861.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.