Hollwedel v. Duffy-Mott Co.

Taylor, J. (dissenting).

The judgment and order should be affirmed, with costs, for the following reasons:(1) The written document annexed to the complaint as “ Schedule A ” (Exhibit 1), executed September 27, 1929, taken in connection with the conversations and transactions had between plaintiff and the officers and representatives of defendant and the conduct of the parties as indicated by the testimony in the record, constitute a contract for ten years’ service by plaintiff as employee to defendant as employer. (See, also, First Department memorandum in this same case, 236 App. Div. 785.)…