ROTHENBERG v. LOWEY


94 A.D.2d 651 (1983)

Arthur Rothenberg, Respondent, v. David Lowey et al., Appellants

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

May 12, 1983


Bloom, J., concurs in a memorandum as follows:

While I am in agreement with the conclusion reached at Special Term, I am constrained to point out that since the subject of the suit is "wages" rather than "wage supplements" the governing section of the Labor Law is section 198-a and not section 198-c. Although both sections are penal in nature, the law is plain that the statute gives rise to a right of civil action in addition to a right to proceed criminally...

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