Legal Opinion
Fata v. S. A. Healy Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1941PublishedCited by 1 opinion
1Opinion of the Court
— Order denying a motion to dismiss the complaint for insufficiency reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. It is conceded that the plaintiff has not attempted to comply with section 220 of the Labor Law (Cons. Laws, eh. 31). Such compliance is a condition precedent to the plaintiff’s right to bring an action. The provision of the Labor Law is intended to supply a remedy to the aggrieved party where none had previously existed. (Matter of Gaston v. Taylor, 274 N. Y. 359.) The remedy thus supplied is exclusive. (Matter of…
2Cases cited13 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Seaver v. . RansomNew York Court of Appeals · 1918
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- Matter of Gaston v. TaylorNew York Court of Appeals · 1937
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McCulloch v. Canadian Pac. Ry. Co.District Court, D. Minnesota · 1943