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WOLCHONOK v. CRESTON SPRING CORP.

13 A.D.2d 846 (1961)

Harold Wolchonok et al., Respondents, v. Creston Spring Corp. et al., Appellants

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

May 31, 1961

Order affirmed, with $10 costs and disbursements.

The first cause of action is not for the recovery of a penalty, but one for damages (Di Bitetto v. Sussman, 279 App. Div. 1033). The State courts have jurisdiction concurrently with the Federal courts over such a cause of action (Brownworth v. Elade Realty Corp., 276 App. Div. 964, affd. 302 N.Y. 797

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