Wallach v. Mendelson
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of New York, entered in favor of the defendants dismissing the second cause of action set forth in the complaint and from an order denying the motion of plaintiff to set aside said dismissal and for a new trial, and denying the motion of the plaintiff to amend the first cause of action by increasing the amount of demand.
1Opinion of the CourtLehman, J.
The plaintiff herein has set forth in his complaint a cause of action for commissions earned as a salesman in the defendants’ employ and he has pleaded as a second cause of action a wrongful discharge under the contract of employment. At the trial a verdict was directed in favor of the plaintiff for the commissions claimed in the first cause of action but the trial justice dismissed the second cause of action. The plaintiff now appeals from the judgment in his favor on the ground that the trial justice erred in denying a motion to amend the first cause of action in order to increase the…
Also in this document: Concurrence.
2Cases cited1 opinion
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
3Cited by6 opinions
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- Grundt v. ShenkAppellate Division of the Supreme Court of the State of New York · 1927
- Major v. Kollmorgen Optical Corp.City of New York Municipal Court · 1931
- O'Reilly v. GerryAppellate Division of the Supreme Court of the State of New York · 1937
- Grundt v. ShenkNew York Supreme Court · 1926
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