Kay v. Frick

Appellate Division of the Supreme Court of New York

Kay v. Frick

211 A.D. 809

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1924

StatusPublished

Cited by3 cases

This text of 211 A.D. 809 (Kay v. Frick) 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

Kay v. Frick, 211 A.D. 809 (N.Y. Ct. App. 1924).

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Opinion

Judgment of the County Court of Nassau county modified by reducing recovery to $105.16; and as so modified unanimously affirmed, without costs. We are of opinion that the testimony of plaintiff at folios 65-67 of the record established a locus pcenitentiai for the defendant, and barred plaintiff from recovering damages for wrongful discharge. (Heiferman v. Greenhut Cloak Co., 143 N. Y. Supp. 411; affd., 163 App. Div. 939; Connell v. Averill, 8 id. 524.)

Present — Kelly, P. J., Rich, Manning, Kelby and Kapper, JJ.

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Judgment of the County Court of Nassau county modified by reducing recovery to $105.16; and as so modified unanimously affirmed, without costs. We are of opinion that the testimony of plaintiff at folios 65-67 of the record established a locus pcenitentiai for the defendant, and barred plaintiff from recovering damages for wrongful discharge. (Heiferman v. Greenhut Cloak Co., 143 N. Y. Supp. 411; affd., 163 App. Div. 939; Connell v. Averill, 8 id. 524.)

Present — Kelly, P. J., Rich, Manning, Kelby and Kapper, JJ.

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Bluebook (online)

211 A.D. 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kay-v-frick-nyappdiv-1924.

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