Appellate Division of the Supreme Court of New York, 1946

Wallace v. Saltzman

Wallace v. Saltzman
Appellate Division of the Supreme Court of New York · Decided June 14, 1946
270 A.D. 997; 63 N.Y.S.2d 215; 1946 N.Y. App. Div. LEXIS 5029
Wallace v. Saltzman

Opinion of the Court

•This is a simple employment contract and plaintiff is entitled to have his claim passed upon by a jury in accordance with his demand for jury trial and defendants may not defeat his right by claiming that each item is subject to challenge. This is a situation which should be disposed of on examination before trial. Order unanimously reversed, with $20 costs and disbursements, and the motion denied. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ.

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