Appellate Division of the Supreme Court of New York, 1958

Weistrop v. Necchi Sewing Machine Sales Corp.

Weistrop v. Necchi Sewing Machine Sales Corp.
Appellate Division of the Supreme Court of New York · Decided July 8, 1958
6 A.D.2d 880; 177 N.Y.S.2d 1011; 1958 N.Y. App. Div. LEXIS 5196
Weistrop v. Necchi Sewing Machine Sales Corp.

Opinion of the Court

In an action to recover damages for breach of an employment contract, the appeal is from a judgment, entered on a jury verdict, in favor of respondent. Judgment affirmed, with costs. No opinion,. Nolan, P. J., Murphy, Ughetta and Kleinfeld, JJ., concur; Wenzel, J., dissents and votes to reverse the judgment and to dismiss the complaint, on the ground that respondent failed to establish performance on his part in accordance with the terms of the contract.

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