Carmen v. Shore Cleaners & Dyers, Inc.

In an action to recover upon a contract of employment, plaintiff appeals from a judgment, entered upon the dismissal of his complaint at the close of his evidence. Judgment reversed on the law, with costs to appellant, and a new trial granted. The evidence excluded was not incompetent under section 347 of the Civil Practice Act. Plaintiff’s complaint does not affect any property which was derived from or through the deceased person with whom plaintiff’s original contract is alleged to have been made, but affects only the profits of the defendant’s business which, concededly, never belonged to…