Opinion
June 18, 1943.
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, O. GRANT ESTERBROOK, Off. Ref.
Peter S. Kurtz for appellant.
J. Harry Pincus for respondents.
MEMORANDUM
Judgment unanimously reversed on the law and new trial granted, with ten dollars costs to plaintiff to abide the event. In view of the testimony of plaintiff that defendants' officer requested plaintiff to come and collect his wages on the day he quit, plaintiff made out a prima facie case of a hiring at will. If the hiring was at will, plaintiff can recover for the time he actually worked. However, if he agreed to work for a week and quit without justification, he cannot recover. No opinion.
MacCRATE, SMITH and McCOOEY, JJ., concur.