New York Court of Appeals

Sam Terner, Respondent v. Glickstein & Terner, Inc., Appellant

July 24, 1940283 N.Y. 299

Summary

The New York Court of Appeals held that the plaintiff’s equity action seeking accounting and other relief under the Fair Labor Standards Act must be dismissed because the statute provides a complete legal remedy of liquidated damages and no fiduciary relationship exists. Accordingly, the motion to dismiss was granted and the lower court’s order was reversed.