NIKOLAUS v. PANDICK PRESS


22 Misc.2d 908 (1959)

Harry Nikolaus, Respondent, v. Pandick Press, Inc., Appellant. John Gelday, Respondent, v. Pandick Press, Inc., Appellant. Edward Swanson, Respondent, v. Pandick Press, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

December 3, 1959.


Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Daniel F. O'Connell and Harry A. Phillips, Jr., of counsel), for appellant.

John J. Sheehan for respondents.

AURELIO, J., concurs; TILZER, J., concurs in result.


ARON STEUER, J.

These matters were presented to the court below on an agreed statement of facts. Each of the plaintiffs is an employee of the defendant and, as the facts are identical in each case, they will be considered as a single case.

Defendant is in the printing business and its employees are organized in three shifts. Plaintiff's working hours are from 1:30 A.M. to 8:30 A.M. Defendant has a contract...

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