Appellate Terms of the Supreme Court of New York, 1950

Chinchilla v. Foreign Tankship Corp.

Chinchilla v. Foreign Tankship Corp.
Appellate Terms of the Supreme Court of New York · Decided April 20, 1950
197 Misc. 1058; 97 N.Y.S.2d 835; 1950 N.Y. Misc. LEXIS 1711

Counsel

Marh W. Mdclay and Dudley J. Clapp, Jr., for appellant., J. Justin Franco for respondent.

Chinchilla v. Foreign Tankship Corp.

Opinion of the Court

Per Curiam.

The court below incorrectly allowed maintenance of $210 for the one month’s leave pay to which plaintiff would have been entitled before June 15,1948. Plaintiff was not entitled to leave pay and maintenance for the period after June, 1948, during which he did not work for defendant.

The judgment should he modified to the extent of reducing the amount of recovery from $3,262.50 to $3,052.50, and as modified affirmed, with costs to the respondent.

Hofstadter, Pécora and Heoht, JJ., concur.

Judgment accordingly.

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