Legal Opinion · Dissent

Rudman v. Cowles Communications, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1970Published

1Dissent

McGrrvERN, J. (dissenting).

I fear the majority misconstrue the nature and purpose of the contract. We have here no ordinary master-servant relationship. An application of the general rules applicable to that relationship lends no substantial support to a solution of the problem presented by this appeal. Here, we have an executive employment contract, on a high echelon, of a former owner of a successful enterprise sold by him to the defendant, simultaneously with the contract of employment. The sale and the employment contract are one. A “ package deal”. So regarded by the briefs and by the…

2Cases cited4 opinions

  1. Dennerlein v. MartinNew York Court of Appeals · 1928
  2. Lauer v. RaymondAppellate Division of the Supreme Court of the State of New York · 1920
  3. Converse v. SchmidlappNew York Court of Appeals · 1943
  4. Converse v. SchmidlappAppellate Division of the Supreme Court of the State of New York · 1942

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