Appellate Terms of the Supreme Court of New York, 1949

O'Riordan v. Nick F. Helmers, Inc.

Appellate Terms of the Supreme Court of New York · Decided April 7, 1949

195 Misc. 168; 88 N.Y.S.2d 692; 1949 N.Y. Misc. LEXIS 2164

Counsel

Emil V. Pilz for appellants., Hyman Korn and Herbert A. Kaiden for respondent.

Opinion of the Court

Per Curiam.

The record indicates that the defendants in

good faith relied on interpretations and rulings of the War Department, for which the work was being done, insofar as the application of the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.) to plaintiff is concerned, and the action is therefore barred (Portal-to-Portal Act of 1947, § 9; U. S. Code, tit. 29, § 258; Kenny v. Wigton-Abbott Corp., 80 F. Supp. 489, 496).

The judgment should be reversed, with costs, and judgment directed for defendants, with costs.

Hoestadter, Pecora and Hecht, JJ., concur.

Judgment reversed, etc.

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