Opinion
March 19, 1962
In an action to recover a sum of money due for reimbursable expenses incurred by plaintiff while in defendant's employ, such sum being claimed to be due pursuant to a formula in a contract of employment between the parties, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered August 12, 1959, upon the decision of the court, after a nonjury trial, dismissing the complaint on the merits. Judgment reversed on the facts, with costs to plaintiff, and judgment directed for $34.35, with costs, in favor of the plaintiff against the defendant. Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein. Upon the trial defendant admitted, and the records in evidence reveal, that there was a balance of $34.35 due plaintiff from defendant. Beldock, P.J., Christ, Hill and Hopkins, JJ., concur; Rabin, J., not voting.