Fuerst v. Inc. Village of Bayville

The two cases above captioned were separately tried. Since they involve related factual and legal questions, this memorandum is applicable to both cases.

The plaintiff in each case is a former employee of the defendant village who had as of June 30,1963, been in its employ for more than 12 months, at a weekly rate of pay and upon the understanding that he would receive two weeks’ vacation with pay after each 12 months of service. Each plaintiff had, therefore, earned two weeks’ vacation with pay as of June 30, 1962, and was clearly entitled thereto. Because vacations were not to be taken…