Legal Opinion

Murtha v. Yonkers Child Care Ass'n

New York Court of Appeals

Decided October 24, 1978PublishedCited by 118 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reversal of so much thereof as dismissed the cause of action against the association and that matter remitted to the Appellate Division for consideration of the facts (CPLR 5613), without costs, and, as so modified, the order should be affirmed, with costs to the individual defendants.

We cannot conclude as a matter of law that there was no evidence to support the jury’s verdict in favor of plaintiff on the first cause of action for breach of his contract of employment by the association. Stating the issue…

2Cases cited1 opinion

  1. Buckley v. 112 Central Park South, Inc.Appellate Division of the Supreme Court of the State of New York · 1954

3Cited by118 opinions

  1. Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
  2. Printing Mart-Morristown v. Sharp Electronics Corp.Supreme Court of New Jersey · 1989
  3. Foster v. ChurchillNew York Court of Appeals · 1996
  4. K & K Management, Inc. v. Chul Woo LeeCourt of Appeals of Maryland · 1989
  5. First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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