Gottlieb v. Gins
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of New York in favor of the plaintiff in the sum of $462.24, entered upon the verdict of a jury, and from an order denying motion to set aside the verdict.
1Opinion of the CourtDelehanty, J.
This is an action for wrongful discharge and has been twice tried. In the first instance plaintiff alleged in his complaint that the defendants employed him as a foreman in their business for one year at a weekly salary of twenty dollars. On the trial it developed that plaintiff was orally engaged on a Saturday and was told that the year of his employment would begin upon the following Monday. , Thereupon defendants moved for leave to plead the Statute of Frauds on the ground that the contract was not to be performed within a year. The motion was denied, and exception was taken. Upon appeal…
2Cases cited2 opinions
- Odell v. WebendorferAppellate Division of the Supreme Court of the State of New York · 1900
- Bierman v. SimonAppellate Terms of the Supreme Court of New York · 1908
3Cited by3 opinions
- Lanzet v. Eastern Wholesale Fence Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Warrin v. Charm Fashions, Inc.New York Supreme Court · 1948
- Brook Iron Works, Inc. v. CohenCity of New York Municipal Court · 1930