HYATT v. SHAPIRO & COHEN, INC.


278 A.D. 88 (1951)

Gustav E. Hyatt, Respondent, v. Shapiro & Cohen, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 1951.


Attorney(s) appearing for the Case

Hyman R. Friedman of counsel (Irving Coopersmith, attorney), for appellant.

Morris Wagman, attorney (Irving Sheinfeld with him on the brief), for respondent.

PECK, P. J., VAN VOORHIS, SHIENTAG and HEFFERNAN, JJ., concur; COHN, J., dissents and votes to affirm for the reasons set forth by the Justice at Special Term.


Per Curiam.

Plaintiff sued under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.) to recover for alleged unpaid overtime plus an "equal amount as liquidated damages", together with reasonable attorney's fees. Defendant denies plaintiff's allegations with respect to the nature of the employment and the alleged overtime and sets forth two affirmative defenses and one partial defense...

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