Opinion
December 23, 1937.
Appeal from Supreme Court, First Department.
Maurice Knapp of counsel [ Murray C. Spett and Ralph H. Wiener with him on the brief; Weisman, Quinn, Allan Spett, attorneys], for the appellant.
Arthur A. McGivney of counsel [ Walter T. Stern with him on the brief; Stern McGivney, attorneys], for the respondent.
Present — MARTIN, P.J., GLENNON, DORE, COHN and CALLAHAN, JJ.
The determination of the Appellate Term should be affirmed, with costs, on the ground that the facts adduced in this record clearly show that the acts of the employee constituted an acceptance by him of the termination of the alleged oral employment agreement.
Determination unanimously affirmed, with costs and disbursements.