Zunino v. Parodi Cigar Co. — 231 N.Y. 580

Majority

p. 580

Federico Zunino, Appellant, v. Parodi Cigar Company, Incorporated, Respondent.

Headnote

Contract — services — alleged wrongful.discharge — adequacy of verdict.

Zunino v. Parodi Cigar Co., Inc., 188 App. Div. 955 , affirmed.

(Argued May 3, 1921;

decided May 31, 1921.)

Appeal from a judgment, entered July 25, 1919, upon an order of the Appellate Division of the Supreme Court, in the first judicial department, which reversed an order

p. 581

of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and directed reinstatement of said verdict; also appeal from an order of said Appellate Division entered June 6, 1919, which affirmed an order of Special Term denying a motion to set aside the verdict and for a new trial. The action was to recover upon a written contract of employment for alleged wrongful discharge. The jury found a verdict for $500 in favor of plaintiff, who moved to set aside said verdict as inadequate. The trial court granted said motion. After the reversal by the Appellate Division plaintiff made a second motion at Special Term for the same relief, which motion was denied.

John B. Doyle for appellant.

Samuel F. Frank and Arthur W. Weil for respondent.

Judgment affirmed, with costs; appeal from order dismissed, without costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.