Opinion
10-29-1953
Joseph Hirsch, Appellant, v. Associated Amusement Machine Operators of New York, Inc., Respondent.
Jerome G. Rosenhaus and Robert Markewich for appellant.
Theodore Blatt and Harry Silver for respondent.
EDER, SCHREIBER and HECHT, JJ., concur.
Per Curiam.
The court below seemingly dismissed the complaint upon the ground that the promise of the defendant to pay the plaintiff severance pay upon his submitting his written resignation was an unenforcible obligation lacking consideration. This was error. The submission of plaintiff's written resignation was sufficient consideration for the promise to pay him severance pay. We do not at this time pass upon the question whether the refusal of the defendant to continue the severance pay was for just cause.
The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.
Judgment reversed, etc.