Levitz v. Robbins Music Corp.

Plaintiff cannot maintain a cause of action for breach of a contract of employment in the face of allegations in his own complaint that, given a choice between resignation and discharge, he resigned. Resignation is ordinarily a voluntary act, and the fact that plaintiff was threatened with discharge does not constitute such duress as to render the resignation involuntary (Clasen v. Doherty, 242 App. Div. 502; Malperin v. Wolosoff, 282 App. Div. 876, motion for leave to appeal denied 306 N. Y. 983; Merrill v. Wakefield Rattan Co., 1 App. Div. 118). The complaint was properly dismissed as…