Mendelsohn v. Mendelsohn

Plaintiff is suing for damages for unlawful discharge under a contract whereby he claims he is entitled to receive a percentage of the profits realized by the defendant company in one of its departments. The question presented is whether he is entitled to an examination before trial, or a discovery concerning said profits.

Plaintiff has gone into business with a competitor. Under the circumstances, the Special Term was correct in denying a discovery of defendant’s books, but plaintiff was entitled to a limited examination to determine whether any profits existed, and, if so, the amount…