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HIRT v. N. Y. AUTOMATIC CANTEEN CORP.

58 Misc.2d 310 (1968)

Donald Hirt et al., Plaintiffs, v. New York Automatic Canteen Corp., Defendant.

Civil Court of the City of New York, New York County.

November 12, 1968

Attorney(s) appearing for the Case

Samuel Panzer for plaintiffs. Parker, Chapin & Flattau for defendant.

MARTIN B. STECHER, J.

The plaintiffs are former employees of the defendant. They sue (in the words of the complaint) for wages allegedly withheld from them "between 1964 and 1966 * * * in violation of Section 193 of the Labor Law of the State of New York." The defendant has not answered but instead moves for judgment dismissing the complaint on the ground that the plaintiffs have no legal capacity to sue (CPLR 3211, subd. [a], par. 3) and for failure...

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