Pericin v. Denburg's Modern Bakery

The opinion of the court was delivered by

Wells, J.

This is an appeal from a judgment for the defendant entered in the Supreme Court upon an order striking out the plaintiff’s amended complaint on the grounds that it was insufficient in law and failed to set forth a legal cause of action and also that it was sham.

The suit was to recover payment for overtime services alleged to have been performed by plaintiff for defendant.

Inasmuch as the question involved in this appeal is the propriety of the order of the trial court in striking out the amended complaint we deem it advisable to set forth…