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Treat v. Continental Vending Machine Corp.
1963 N.Y. App. Div. LEXIS 4353
N.Y. App. Div.
1963
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Judgment affirmed, with costs to respondent. Concur — Breitel, J. P., Rabin and Valente, JJ.; Stevens and Noonan, JJ., dissent in the following dissenting memorandum: We dissent and vote to reverse and order a new trial, solely on the question of wrongful discharge and what, if any, damages flowed therefrom. On the record before us it cannot be said as a matter of law that the employment contract was rightfully terminated, and that the plaintiff did not suffer pecuniary loss as a result. The drawing and use of plaintiff’s own money, previously earned, which had been placed in a dormant corporation wholly o-syned by plaintiff and plaintiff’s wife, cannot serve as compensation for the discharge if, in fact, it was wrongful.

Case Details

Case Name: Treat v. Continental Vending Machine Corp.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 19, 1963
Citation: 1963 N.Y. App. Div. LEXIS 4353
Court Abbreviation: N.Y. App. Div.
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