Legal Opinion

Leifer v. Scheinman

Appellate Terms of the Supreme Court of New York

Decided May 22, 1916PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Joseph Leifer against Meyer S. Scheinman. From a judgment for plaintiff, entered upon the verdict of a jury, defendant appeals. Judgment reversed, and new trial ordered.

1Opinion of the CourtBijur, J.

Plaintiff sued for unjustified discharge under a contract of employment reading as follows:

“New York, August 15, 1913.
“I, M. S. Scheinman, do hereby agree to employ J. Leifer, and J. Leifer agrees to work for the said M. S. Scheinman, as designer and fitter at a yearly salary of $1,720, payable $35 on Friday of each week, and said J. Leifer must prove satisfactory in every respect to the said M. S. Scheinman.
“M. S. Scheinman.
“J. Leifer."

*41It seems perfectly clear that this agreement was a hiring at will, and not an employment for a definite term. Martin v. N. Y. Life Ins. Co., 148 N. Y. 117, 42…

2Cases cited3 opinions

  1. Martin v. New York Life InsuranceNew York Court of Appeals · 1895
  2. Watson v. . GuginoNew York Court of Appeals · 1912
  3. Hebberd v. American Sheet Metal Lath Co.Appellate Terms of the Supreme Court of New York · 1915

3Cited by1 opinion

  1. Leifer v. ScheinmanAppellate Division of the Supreme Court of the State of New York · 1917

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