180 Misc. 1076 | N.Y. Sup. Ct. | 1943
The plaintiff does not allege that the services performed by him constituted interstate commerce or that he was engaged in. the production of goods for interstate commerce. It is not enough that the defendant was engaged in interstate commerce or in the production of goods therefor. (Stoike v. First National Bank of the City of N. Y., 290 N. Y. 195.) In that case the court said: “ In other words the defendant, as the employer, does not stress the nature of its business. Bather does it place emphasis upon the character of work done by the plaintiff as its employee — thus conforming with the rule that
Motion granted with leave to amend the complaint within ten days from the service of a copy of this order with notice of entry.