Lipka v. Walker

Appellate Terms of the Supreme Court of New York

Lipka v. Walker

188 Misc. 44, 69 N.Y.S.2d 686, 1946 N.Y. Misc. LEXIS 3413

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 5, 1946

StatusPublished

This text of 188 Misc. 44 (Lipka v. Walker) 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

Lipka v. Walker, 188 Misc. 44, 69 N.Y.S.2d 686, 1946 N.Y. Misc. LEXIS 3413 (N.Y. Ct. App. 1946).

Pincite

Opinion

Memorandum

Per Curiam.

There was no evidence of a hiring for a definite period. Plaintiff’s employment “ on a weekly basis ” at a stated weekly rate of compensation, without more, was an indefinite hiring which was terminable at the will of either party at any time. (Watson v. Gugino, 204 N. Y. 535; Martin v. N. Y. Life Insurance Co., 148 N. Y. 117.) In the circumstances, defendants had a right to terminate the employment without rendering themselves liable for future wages. (Walsh v. New York & Kentucky Co., 88 App. Div. 477.)

[45]*45The judgment should be modified upon the law by reducing the amount of the recovery against defendants to $26.57, and as so modified affirmed, with $10 costs of this appeal to the appellants.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Judgment accordingly.

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Memorandum

Per Curiam.

There was no evidence of a hiring for a definite period. Plaintiff’s employment “ on a weekly basis ” at a stated weekly rate of compensation, without more, was an indefinite hiring which was terminable at the will of either party at any time. (Watson v. Gugino, 204 N. Y. 535; Martin v. N. Y. Life Insurance Co., 148 N. Y. 117.) In the circumstances, defendants had a right to terminate the employment without rendering themselves liable for future wages. (Walsh v. New York & Kentucky Co., 88 App. Div. 477.)

[45]*45The judgment should be modified upon the law by reducing the amount of the recovery against defendants to $26.57, and as so modified affirmed, with $10 costs of this appeal to the appellants.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Judgment accordingly.

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Bluebook (online)

188 Misc. 44, 69 N.Y.S.2d 686, 1946 N.Y. Misc. LEXIS 3413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipka-v-walker-nyappterm-1946.

Opinion

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