131 N.Y.S. 1083 | N.Y. App. Div. | 1911
Appeal from an interlocutory judgment overruling demurrers to a separate defense.
The separate defense, to which the demurrer was interposed, alleges that, prior to December 31, 1910, Suzanne Partridge voluntarily left plaintiff’s employ, and thereafter, and on January 2, 1911, entered into a contract for her services with defendant company. ■ As the date of this alleged employment was three days earlier than that of the contract alleged to have been made with plaintiff, the separate defense is good in so far as the complaint is founded upon the enticing away of Suzanne Partridge. But it offers no defense to so much of
The interlocutory judgment appealed from is, therefore, affirmed, with costs, with leave to plaintiff to withdraw demurrer and amend his complaint within twenty days upon payment Of costs in this, court and in the court below.
Ingraham, P. J., Clarke, Miller and Dowling, JJ.,' concurred.
Judgment affirmed, with costs, with leave to plaintiff to withdraw demurrer and amend complaint on payment of costs in this court and in the court below.