Appellate Division of the Supreme Court of New York, 1963

Treat v. Continental Vending Machine Corp.

Treat v. Continental Vending Machine Corp.
Appellate Division of the Supreme Court of New York · Decided February 19, 1963
18 A.D.2d 896; 1963 N.Y. App. Div. LEXIS 4353
Treat v. Continental Vending Machine Corp.

Opinion of the Court

Judgment affirmed, with costs to respondent. Concur — Breitel, J. P., Rabin and Valente, JJ.; Stevens and Noonan, JJ., dissent in the following dissenting memorandum: We dissent and vote to reverse and order a new trial, solely on the question of wrongful discharge and what, if any, damages flowed therefrom. On the record before us it cannot be said as a matter of law that the employment contract was rightfully terminated, and that the plaintiff did not suffer pecuniary loss as a result. The drawing and use of plaintiff’s own money, previously earned, which had been placed in a dormant corporation wholly o-syned by plaintiff and plaintiff’s wife, cannot serve as compensation for the discharge if, in fact, it was wrongful.

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