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Miller v. Burlington Mills Ribbon Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1951
278 AD 854 (N.Y. App. Div. 1951)

Opinion


278 A.D. 854 104 N.Y.S.2d 484 HAROLD S. MILLER, Respondent, v. BURLINGTON MILLS RIBBON CORP., Appellant. Supreme Court of New York, Second Department. May 21, 1951

         In an action for damages based upon the alleged wrongful dismissal of respondent in breach of a contract of employment, appeal is taken from an order denying defendant's motion for judgment on the pleadings, under rule 112 of the Rules of Civil Practice, on the ground that the alleged contract of employment is void under the Statute of Frauds. Order reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. The note or memorandum upon which respondent relies evidences only a hiring at will ( Martin v. New York Life Ins. Co., 148 N.Y. 117; Watson v. Gugino, 204 N.Y. 535; Bulkley v. Kaolin Products Co., 187 A.D. 103; Rider v. Standard Safety Razor Corp., 237 A.D. 853), and recourse may not be had to parol evidence to establish a different intention of the parties (Drake v. Seaman, 97 N.Y. 230; Matter of Levin, 276 A.D. 739; Brodlie v. Fink, 275 A.D. 1061).

          Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

Summaries of

Miller v. Burlington Mills Ribbon Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1951
278 AD 854 (N.Y. App. Div. 1951)
Case details for

Miller v. Burlington Mills Ribbon Corp.

Case Details

Full title:HAROLD S. MILLER, Respondent, v. BURLINGTON MILLS RIBBON CORP., Appellant

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

Date published: May 21, 1951

Citations

278 AD 854 (N.Y. App. Div. 1951)
278 App. Div. 854
104 N.Y.S.2d 484

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