Fischhoff v. Adels-Loeb, Inc.

This is a motion for summary judgment under rule 113 of the Rules of Civil Practice. On March 30, 1944, the plaintiff and defendant entered into a written agreement whereby the defendant employed the plaintiff as a duly qualified optometrist in personal attendance at the optical department in defendant’s store in Albany, New York. The contract provided that it should run from April 1, 1944, to March 31, 1945. The agreed salary was $125 per week and, in addition thereto, 25% of the net profits of the department for the year. There are no provisions regarding vacations or sick leave in the con*222tr…