181 A.D. 107 | N.Y. App. Div. | 1917
On the 14th day of February, 1916, the plaintiff entered into an agreement in writing with the defendant, a corporation engaged in manufacturing and producing motion picture films, wherein it is recited that plaintiff is an actress of exceptional and extraordinary ability, and whereby defendant employed her for fifteen consecutive weeks from February 21, 1916, at $500 per week to enact the title role in the production of motion pictures and plays to be selected by it and she agreed to devote her entire time and attention to enacting the title roles and to give her best services thereto.
On the afternoon of the fifth day of the fourth week after, as plaintiff claims, all the scenes in which she was to act in a play called “ The Surrender ” had been finished, she was requested by one Golden, under whose direction the pictures had been taken, to act in an additional fireplace scene. While the picture of that scene was being taken a controversy arose between her and Golden concerning which
The plaintiff brought an action in the Supreme Court for damages for the wrongful discharge and at the same time sued in the Municipal Court for the fourth week’s salary. The latter action was consolidated with the former before the trial.
It follows that the judgment and order should be reversed and a new trial granted, with costs to appellant to abide event.
Clarke, P. J., Dowling, Smith and Page, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.