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Goldman v. City Specialty Stores, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1955
285 App. Div. 880 (N.Y. App. Div. 1955)

Opinion

February 15, 1955.

Present — Peck, P.J., Cohn, Callahan, Bastow and Rabin, JJ.


Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to appellant, and motion to strike paragraphs 3d 4th and 8th of the complaint is granted. The measure of damages in a suit for breach of a contract of employment is the amount plaintiff employee would have earned had the contract been performed, less what the employee, acting reasonably, could have earned ( Howard v. Daly, 61 N.Y. 362). Allegations set forth in the challenged paragraphs which seek the recovery of damages in excess of this amount are irrelevant and prejudicial. Settle order.


Summaries of

Goldman v. City Specialty Stores, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1955
285 App. Div. 880 (N.Y. App. Div. 1955)
Case details for

Goldman v. City Specialty Stores, Inc.

Case Details

Full title:E. STANLEY GOLDMAN, Respondent, v. CITY SPECIALTY STORES, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 15, 1955

Citations

285 App. Div. 880 (N.Y. App. Div. 1955)

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