(DOWNLOAD) "John Wolcott v. James Broughton Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: John Wolcott v. James Broughton Et Al.
- Author : Supreme Court of New York
- Release Date : January 26, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[57 A.D.2d 1022 Page 1022] Appeal from an order and judgment of the County Court of Albany County, entered March 9, 1976, which granted defendant's motion and dismissed the complaint on the merits. The plaintiff commenced this action by summons and complaint against the defendants seeking money damages for a wrongful interference with his employment with the State of New York. The plaintiff alleged in his complaint that he had been hired as a projectionist to work one day per week for a period of two months commencing October 7, 1972 and that he had been discharged on December 2, 1972 by defendants, suffering damages of $21. He has also alleged that on October 18, 1973 he was employed for the period of October 18, 1973 through March 29, 1974 but was discharged on October 26, 1973 because of the wilful and malicious actions of defendant, James Broughton. Defendants moved to dismiss the complaint prior to answering pursuant to CPLR 3211 for failure of the complaint to state a cause of action. The notice of motion also recited that it was being made on affidavits of the defendants and that the plaintiff should serve answering affidavits before the return date of the motion. The plaintiff did submit answering affidavits and, as noted hereinabove, the complaint was dismissed by the court on the merits. The affidavits on behalf of the defendants assert that the defendants were employees of the State of New York who had the power to exercise discretion as to the employment or continuation of employment by the plaintiff with the State. The plaintiff has submitted an affidavit in response which tends to establish a basis for personal animosity on the part of the defendants and which [57 A.D.2d 1022 Page 1023]
 "John Wolcott v. James Broughton Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}