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O'Neil v. Brooklyn Savings Bank

180 Misc. 542 Court Supreme Court, Appellate Term, First Department, Decision date 1943-06-10 English

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p. 542
William J. O’Neil, Appellant, v. Brooklyn Savings Bank, Defendant.
Supreme Court, Appellate Term, First Department,
June 10, 1943.
Max R. Simon for appellant.
Sedgwick, Snedeker for respondent.

The proofs show that plaintiff was employed in the production of goods for commerce within the meaning of the Fair Labor Standards Act of 1938 (U. S.

p. 543
Code, tit. 29, § 201 et seq.), and entitled to recover liquidated damages in the sum of $423.16 by reason of defendant’s default in making overtime payments as directed therein. The sum of $200 is fixed as a reasonable attorney’s fee.

Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff for $623.16 with interest on $423.16 from August 30, 1940, and costs.

Shientag, McLaughlin and Hecht, JJ., concur.