Albert v. Parking Stations of New York, Inc.

Judgment and order, in so far as it denies motion to set aside the verdict, reversed on the law, with costs, and complaint dismissed, with costs. In so far as it denies the motion for a new trial the order is unanimously affirmed, without costs. The plaintiff seeks to sustain this judgment upon the theory of novation, under the claim that the appellant assumed an original obligation. The contract involved the payment of back salary due to plaintiff from the original obligor and the continuance of plaintiff’s employment for the period of more than one year beyond the time it is claimed that…