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RINGLING BROS. v. DEPT. OF LABOR, N. Y. S.

18 Misc.2d 1070 (1959)

Ringling Bros.-Barnum & Bailey Combined Shows, Inc., Plaintiff, v. Department of Labor of the State of New York et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

February 18, 1959.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip Watson of counsel), for defendants.

Engle, Judge, Miller, Sterling & Reddy (John F. Reddy, Jr., and Vincent B. Frontero of counsel), for plaintiff.

ABRAHAM N. GELLER, J.

This action was brought pursuant to the provisions of section 111 of the Labor Law as an appeal from a determination of the Board of Standards and Appeals of the State of New York ("Board") whose decision sustained, after a hearing, challenged portions of Industrial Code rule No. 41 (relating to aerial performers), effective December 15, 1952 (published in N. Y. Off. Comp. of Codes, Rules...

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