Teich v. Aetna Industrial Corp.

On the documentary evidence in the record, I dissent and vote to modify the order and judgment appealed from to the extent of allowing damages up to and including October 17,1956, in the amount of plaintiff’s salary for 17 days, and otherwise affirm.

In the aspect of the ease most favorable to the plaintiff, if we assume that there was in fact a discharge, under the circumstances shown here the plaintiff was obligated to accept the offer of re-employment. (Stockman v. Slater Bros. Cloak & Suit Co., 182 N. Y. S. 815, 816.) It does not appear from the record that the offer contemplated any…