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Matter of Wright Metal, Inc.

Court of Appeals of the State of New York
Apr 23, 1940
283 N.Y. 47 (N.Y. 1940)

Summary

In Matter of Wright Metal, Inc. (283 NY 47, 49 [1940]), the Court held that a factory superintendent was not a mechanic, worker or laborer for purposes of Labor Law § 196.

Summary of this case from Ansah v. A.W.I. Sec. & Investigation

Opinion

Argued February 26, 1940

Decided April 23, 1940

Appeal from the Supreme Court, Appellate Division, Fourth Department, OTTAWAY, J.

Louis A. Tepper and Joseph Lotterman for appellant.

Ross L. Weeks and Emmet H. Ross for respondents.


Except in the situations provided for in the "New York State Labor Relations Act" contained in article 20 of the Labor Law (Cons. Laws, ch. 31), an "employee" in the sense of the statute "means a mechanic, workingman or laborer working for another for hire" (§ 2, subd. 5). Emil N. Johnson, superintendent of the factory of the assignor-corporation, was not such an employee and was not entitled to be paid wages in accordance with section 196 of the statute. Hence, it was error to surcharge the appellant with the amount of Johnson's claim ($1,531).

The orders should be modified in accordance with this opinion and, as so modified, affirmed, without costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ., concur; SEARS and LEWIS, JJ., taking no part.

Ordered accordingly.


Summaries of

Matter of Wright Metal, Inc.

Court of Appeals of the State of New York
Apr 23, 1940
283 N.Y. 47 (N.Y. 1940)

In Matter of Wright Metal, Inc. (283 NY 47, 49 [1940]), the Court held that a factory superintendent was not a mechanic, worker or laborer for purposes of Labor Law § 196.

Summary of this case from Ansah v. A.W.I. Sec. & Investigation

In Matter of Wright Metal, Inc. (283 NY 47, 49 [1940]), the Court held that a factory superintendent was not a mechanic, worker or laborer for purposes of Labor Law § 196.

Summary of this case from Ansah v. A.W.I. Sec. & Investigation, Inc.

In Matter of Wright Metal, Inc. (283 N.Y. 47), the Court of Appeals, in holding that a superintendent of a factory was not an employee within the provisions of section 196 Lab. of the Labor Law, stated that, except in situations provided for in the "New York State Labor Relations Act" contained in article 20 of the Labor Law, an employee in the sense of the statute means a "mechanic, workingman or laborer who works for another for hire."

Summary of this case from People v. Rowan
Case details for

Matter of Wright Metal, Inc.

Case Details

Full title:In the Matter of the Assignment for the Benefit of Creditors of WRIGHT…

Court:Court of Appeals of the State of New York

Date published: Apr 23, 1940

Citations

283 N.Y. 47 (N.Y. 1940)
27 N.E.2d 428

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