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Wolin v. Perlco Venetian Blind Corp.

180 Misc. 544 Court Supreme Court, Appellate Term, Second Department, Decision date 1943-06-18 English

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p. 544
Al Wolin, Appellant, v. Perlco Venetian Blind Corporation et al., Respondents.
Supreme Court, Appellate Term, Second Department,
June 18, 1943.
Peter S. Kurtz for appellant.
J. Harry Pincus for respondents.

Judgment unanimously reversed on the law and new trial granted, with ten dollars costs to plaintiff to abide the event. In view of the testimony of plaintiff that defendants’ officer requested plaintiff to come and collect his

p. 545
wages on the day he quit, plaintiff made out a prima facie case of a hiring at will. If the hiring was at will, plaintiff can recover for the time he actually worked. However, if he agreed to work for a week and quit without justification, he cannot recover. No opinion.

MacCrate, Smith and McCooey, JJ., concur.