| N.Y. App. Div. | Feb 15, 1955
Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to appellant, and motion to strike paragraphs 3d, 4th and 8th of the complaint is granted. The measure of damages in a suit for breach of a contract of employment is the amount plaintiff employee would have earned had the contract been performed, less what the employee, acting reasonably, could have earned {Howard v. Daly, 61 N.Y. 362" date_filed="1875-01-05" court="NY" case_name="Howard v. . Daly">61 N. Y. 362). Allegations set forth in the challenged paragraphs which seek the recovery of damages in excess of this amount are irrelevant and prejudicial. Settle order. Present — Peck, P. J., Cohn, Callahan, Bastow and Rabin, JJ.