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FLEISCHMAN v. NAN BUNTLY, INC.

281 A.D. 824 (1953)

Betty Fleischman, Plaintiff, and Leo Levey, Appellant, v. Nan Buntly, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1953.

Per Curiam.

Although both plaintiffs moved to dismiss the second affirmative defense, it is conceded that the appeal before us relates only to plaintiff, Leo Levey, one of defendant's employees, suing defendant, employer, for overtime wages pursuant to the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.).

In addition to denials, defendant alleged as a second defense that plaintiff...

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