Holley v. Transoceanic Cable Co.

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered September 23, 1998, which, to the extent appealed from, denied defendants’ cross motion for summary judgment dismissing plaintiffs claim for withheld wages and resultant penalty wages, unanimously reversed, on the law and the facts, without costs, and the claim dismissed.

There is no dispute that the parties herein are bound by the terms of the 1996 “Standard Freightship Agreement between Seafarers International Union [,] Atlantic, Gulf, Lakes and Inland Water District, AFL-CIO[,] and Contracted Companies,” which provides,…