Conti v. Max Cohen, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Cohen, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of April, 1921, overruling defendant’s demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
The plaintiff was employed by the defendant as a designer for the period of two years from the 23d day of June, 1915, pursuant to a contract in writing made between the parties on the 21st of June, 1915. Her compensation was to be $100 per week and in addition thereto a sum equal to twenty per cent of the net profits per annum earned by the defendant. She was paid the weekly compensation and brought this action to recover the percentage of profits. The only allegation of the complaint with respect to profits is an allegation upon information and belief that “ the defendant failed…
2Cases cited3 opinions
- Stabilimento Metallurgico Ligure v. JosephAppellate Division of the Supreme Court of the State of New York · 1919
- Funger v. Brooklyn Bottle Stopper Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Mitchell v. Follett Time Recording Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Ryan Ready Mixed Concrete Corp. v. CoonsAppellate Division of the Supreme Court of the State of New York · 1966
- Illum Inc. v. American Machine & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Burke v. GotliebNew York Supreme Court · 1959