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O'Riordan v. Helmers, Inc.

Supreme Court, Appellate Term, First Department
Apr 7, 1949
195 Misc. 168 (N.Y. App. Term 1949)

Opinion

April 7, 1949.

Appeal from the City Court of the City of New York, New York County, CARLIN, J.

Emil V. Pilz for appellants.

Hyman Korn and Herbert A. Kaiden for respondent.


The record indicates that the defendants in good faith relied on interpretations and rulings of the War Department, for which the work was being done, insofar as the application of the Fair Labor Standards Act of 1938 (U.S. Code, tit. 29, § 201 et seq.) to plaintiff is concerned, and the action is therefore barred (Portal-to-Portal Act of 1947, § 9; U.S. Code, tit. 29, § 258; Kenny v. Wigton-Abbott Corp., 80 F. Supp. 489, 496).

The judgment should be reversed, with costs, and judgment directed for defendants, with costs.

HOFSTADTER, PECORA and HECHT, JJ., concur.

Judgment reversed, etc.


Summaries of

O'Riordan v. Helmers, Inc.

Supreme Court, Appellate Term, First Department
Apr 7, 1949
195 Misc. 168 (N.Y. App. Term 1949)
Case details for

O'Riordan v. Helmers, Inc.

Case Details

Full title:PATRICK A. O'RIORDAN, Respondent, v. NICK F. HELMERS, INC., et al.…

Court:Supreme Court, Appellate Term, First Department

Date published: Apr 7, 1949

Citations

195 Misc. 168 (N.Y. App. Term 1949)
88 N.Y.S.2d 692