52 A.D.2d 524 | N.Y. App. Div. | 1976
Judgment, Supreme Court, New York County, entered on September 17, 1975, affirmed on the opinion of Shainswit, J., at Trial Term. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Concur—Kupferman, J. P., Murphy, Silverman and Nunez, JJ.; Lupiano, J., dissents in the following memorandum: In 1968, plaintiff became a salesman for defendant’s line of jewelry in the southwestern United States. Later in that same year, he became the sole nationwide salesman for defendant, a corporation engaged in the design, manufacture and sale, at wholesale, of custom-made 18-carat-gold jewelry. From its incorporation until December, 1973, defendant was comprised of just two stockholders, Ira Schechter and