Durante v. Raimon
Appellate Division of the Supreme Court of the State of New York
Appeal by the' plaintiff, Alfred ,W. Durante, from an order of the Appellate Term of- the Supreme Court, entered in the office of the clerk of the county of ¡New York-on the -5th day of March, 1909, affirming a judgment of the Oity Court óf the -city ¡of ¡New York in favor of the defendants, entered i-n the .office .of the ¡clerk of said court on the 11th day of November, 1908, and also affirming an order of the said City Court denying the plaintiff’s motion for a new trial,…
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Appeal by the' plaintiff, Alfred ,W. Durante, from an order of the Appellate Term of- the Supreme Court, entered in the office of the clerk of the county of ¡New York-on the -5th day of March, 1909, affirming a judgment of the Oity Court óf the -city ¡of ¡New York in favor of the defendants, entered i-n the .office .of the ¡clerk of said court on the 11th day of November, 1908, and also affirming an order of the said City Court denying the plaintiff’s motion for a new trial, and also (as stated in the notice of appeal) from an order of said City Court entered on the 24th day of May, 1909, and…
1Opinion of the Court
Scott, J.:
The plaintiff appeals from a determination of the Appellate-Term affirming a judgment of the City Court which dismissed the complaint. The action is by a salesman against his employer for damages for a wrongful discharge. Plaintiff was employed under a written contract for a term, of eighteen months from May 1,1907, to October 31, 1908. He was discharged in February, 1908. His complaint was dismissed because in the opinion of the trial court he had failed to prove any damages or any facts upon which a verdict for damages could be based. He did prove his contract of employment, which…
2Cases cited1 opinion
- Gifford v. . WatersNew York Court of Appeals · 1876
3Cited by4 opinions
- Lobsitz v. Leffler, Thiele & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Louis Auerbach, Inc. v. RamerAppellate Terms of the Supreme Court of New York · 1913
- Miller v. Blaisdell Machinery Co.Appellate Terms of the Supreme Court of New York · 1913
- Strauss v. Arthur Wolfsohn Co.Appellate Terms of the Supreme Court of New York · 1916