Legal Opinion
Withers v. Herbert McLean Purdy Management Corp.
New York Supreme Court
Decided March 3, 1944PublishedCited by 1 opinion
1Opinion of the CourtShientag, J.
This is a motion to strike out the defense in paragraphs ninth to sixteenth of the answer on the ground that such defense is insufficient as matter of law. The action is to recover wages, liquidated damages and counsel fee under the Fair Labor Standards Act of 1938. (U. S. Code, tit. 29, § 201 et seq.) In the answer the defendants deny that plaintiff was required to work or actually did work a number of hours each week in excess of the maximum weekly number of hours prescribed by the Fair Labor Standards Act. In addition, the defendants plead two defenses.
The first alleges that the Fair Labor…
2Cases cited6 opinions
- Guess v. MontagueCourt of Appeals for the Fourth Circuit · 1943
- Rigopoulos v. KervanCourt of Appeals for the Second Circuit · 1943
- Rigopoulos v. KervanDistrict Court, S.D. New York · 1942
- O'Neil v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1943
- Gangi v. D. A. Schulte, Inc.District Court, S.D. New York · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bonomolo v. NoyesNew York Supreme Court · 1945