Appellate Terms of the Supreme Court of New York, 1945

Koerner v. Associated Linen Laundry Suppliers, Inc.

Appellate Terms of the Supreme Court of New York · Decided June 1, 1945

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

Counsel

Michael J. Shagan and Bernard A. Green for appellant., Louis Stone for respondent.

Opinion of the Court

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) *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.

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