Legal Opinion · Dissent
Murtha v. Yonkers Child Care Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 1979Published
1Dissent
Moflen, P. J.,
dissents and votes to affirm the judgment insofar as it is against defendant Yonkers Child Care Association, with the following memorandum: In an action by an employee for breach of an employment contract, the plaintiff is merely required to plead and prove the existence of the contract, its terms, the fact of his discharge prior to term and his damages as a result of the discharge (Felsen v Sol Cafe Mfg. Corp., 24 NY2d 682, 685-686; Wegman v Dairylea Coop., 50 AD2d 108, mot for lv to app dsmd 38 NY2d 918). It is undisputed that the plaintiff met that burden. Consequently, the…
2Cases cited6 opinions
- Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Murtha v. Yonkers Child Care Ass'nNew York Court of Appeals · 1978
- Felsen v. Sol Cafe Manufacturing Corp.New York Court of Appeals · 1969
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Wegman v. Dairylea Cooperative, Inc.New York Court of Appeals · 1976
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