Opinion
February, 1900.
A.I. Spiro, for appellant.
A.H. Sarasohn, for respondent.
The evidence in this case fails to establish a contract of employment, and the judgment rendered for damages, for wrongful discharge, is absolutely without proof to support it. No period or rate of wages was specified, and the complaint should have been dismissed. Martin v. New York Life Ins. Co., 148 N.Y. 117.
Present: BEEKMAN, P.J.; GIEGERICH and O'GORMAN, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.