Zunino v. Parodi Cigar Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Parodi Cigar Co., Inc., from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 30th day of October, 1918, setting aside the verdict of a jury in plaintiff’s favor for $500 on the ground that the amount was for insufficient damages and was rendered, according to the view of the trial justice, under a misapprehension of the facts and the law as charged.
1Opinion of the Court
Shearn, J.:
The action was brought to recover $1,000 actually earned under a contract of employment and $20,000 damages for wrongful discharge. The plaintiff’s contract was in writing and under it he was employed as the superintendent of a cigar factory about to be established by the defendant for a term of five years from January 1, 1915. Under the contract the plaintiff was to receive and was actually paid $1,000 on its signing; was to receive $50 a week thereafter and “ If and when said employer shall have for two months made general sale and delivery of goods prepared in the factory of…
2Cases cited2 opinions
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Townsley v. . Niagara Life Ins. Co.New York Court of Appeals · 1916
3Cited by1 opinion
- Coritsidis v. Consumer Home Mortgage, Inc.Appellate Division of the Supreme Court of the State of New York · 1999