Home/Appellate Division of the Supreme Court of New York/Goldman v. City Specialty Stores, Inc.

Goldman v. City Specialty Stores, Inc.

285 A.D. 880, 137 N.Y.S.2d 693, 1955 N.Y. App. Div. LEXIS 5968
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 15, 1955
StatusPublished
Cited by4 cases

This text of 285 A.D. 880 (Goldman v. City Specialty Stores, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goldman v. City Specialty Stores, Inc., 285 A.D. 880, 137 N.Y.S.2d 693, 1955 N.Y. App. Div. LEXIS 5968 (N.Y. Ct. App. 1955).

Opinion

Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to appellant, and motion to strike paragraphs 3d, 4th and 8th of the complaint is granted. The measure of damages in a suit for breach of a contract of employment is the amount plaintiff employee would have earned had the contract been performed, less what the employee, acting reasonably, could have earned {Howard v. Daly, 61 N. Y. 362). Allegations set forth in the challenged paragraphs which seek the recovery of damages in excess of this amount are irrelevant and prejudicial. Settle order. Present — Peck, P. J., Cohn, Callahan, Bastow and Rabin, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
285 A.D. 880, 137 N.Y.S.2d 693, 1955 N.Y. App. Div. LEXIS 5968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldman-v-city-specialty-stores-inc-nyappdiv-1955.