Kaufman v. Goldman Stores Corp.

Appellate Terms of the Supreme Court of New York

Kaufman v. Goldman Stores Corp.

161 Misc. 773, 293 N.Y.S. 284, 1937 N.Y. Misc. LEXIS 1502

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1937

StatusPublished

This text of 161 Misc. 773 (Kaufman v. Goldman Stores Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaufman v. Goldman Stores Corp., 161 Misc. 773, 293 N.Y.S. 284, 1937 N.Y. Misc. LEXIS 1502 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

The action for damages for unlawful discharge proceeds upon the theory that the contract of employment is kept alive. Acceptance at the time of the alleged discharge by an employee of a check in full payment for salary and other claims, followed by the organization and carrying on shortly thereafter of his own competitive business, which he induced some and attempted to induce other employees of his former employer to join, is incompatible with the recovery of damages for such a discharge. It must be assumed under the circumstances that the acts of the employee constituted an acceptance by him of the termination by the employer of the employment agreement.

Judgment reversed, with costs, and judgment directed for defendant, with costs.

All concur. Present — Lydon, Hammer and FrankbnthaLER, JJ.

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Per Curiam.

The action for damages for unlawful discharge proceeds upon the theory that the contract of employment is kept alive. Acceptance at the time of the alleged discharge by an employee of a check in full payment for salary and other claims, followed by the organization and carrying on shortly thereafter of his own competitive business, which he induced some and attempted to induce other employees of his former employer to join, is incompatible with the recovery of damages for such a discharge. It must be assumed under the circumstances that the acts of the employee constituted an acceptance by him of the termination by the employer of the employment agreement.

Judgment reversed, with costs, and judgment directed for defendant, with costs.

All concur. Present — Lydon, Hammer and FrankbnthaLER, JJ.

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Bluebook (online)

161 Misc. 773, 293 N.Y.S. 284, 1937 N.Y. Misc. LEXIS 1502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-goldman-stores-corp-nyappterm-1937.