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Koerner v. Associated Linen Laundry Suppliers, Inc.

185 Misc. 123 Court Supreme Court, Appellate Term, First Department, Decision date 1945-06-01 English

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p. 123
Philip Koerner, Respondent, v. Associated Linen Laundry Suppliers, Inc., Appellant.
Supreme Court, Appellate Term, First Department,
June 1, 1945.
p. 124
Michael J. Shagan and Bernard A. Green for appellant.
Louis Stone for respondent.

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)

p. 125
of 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.