Macaulay v. Anthony
This text of 66 Misc. 173 (Macaulay v. Anthony) 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.
Opinion
Plaintiff sues for damages for wrongful discharge from employment. For an affirmative defense the answer alleges that the discharge was “for and on account of the failure to perform her duties as saleswoman.” She is entitled to a bill of particulars of this very vague and general allegation. Spitz v. Heinze, 77 App. Div. 317. The defense is not any the less" an affirmative one because of the phraseology of the complaint in stating that up to her discharge “ she continued to perform ” her duties. That she continued in the employment of the defendant was all she was obliged to prove to establish a prima facie case.
The order should be reversed, with ten dollars costs and disbursements to appellant to abide the event, and the motion granted.
Present: Seabury, Guy and Whitney, J3".
Order reversed, with ten dollars costs and disbursements to appellant to abide event, and motion granted
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Cite This Page — Counsel Stack
66 Misc. 173, 121 N.Y.S. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macaulay-v-anthony-nyappterm-1910.