Appellate Division of the Supreme Court of New York, 1948

Sragow v. Distilled Brands, Inc.

Sragow v. Distilled Brands, Inc.
Appellate Division of the Supreme Court of New York · Decided October 11, 1948
274 A.D. 898; 83 N.Y.S.2d 235; 1948 N.Y. App. Div. LEXIS 3951
Sragow v. Distilled Brands, Inc.

Opinion of the Court

In an action to recover compensation, by a salesman whose terms and conditions of employment were governed by a contract entered into between the employer and the union of which the salesman was a member, order granting in part and denying in part defendant’s motion for summary judgment or partial summary judgment affirmed, with $10 costs and disbursements. No opinion. Carswell, Acting P. J., Johnston, Nolan and Sneed, JJ., concur; Adel, J., dissents and votes to reverse the order and to grant the motion for summary judgment dismissing the complaint on the ground that on the conceded facts the contract provisions are a bar to the action. [See post, p. 944.]

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