Contracts · MBE-tested

George S. Wallace, Appellant, v. Irving Saltzman, Copartners Trading under the Name and Style of Premier Knitting Co., Respondents

270 A.D. 997·New York Supreme Court, Appellate Division·1946·NY

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Opinion

George S. Wallace, Appellant, v. Irving Saltzman, Copartners Trading under the Name and Style of Premier Knitting Co., Respondents. [MAJORITY] •This is a simple employment contract and plaintiff is entitled to have his claim passed upon by a jury in accordance with his demand for jury trial and defendants may not defeat his right by claiming that each item is subject to challenge. This is a situation which should be disposed of on examination before trial. Order unanimously reversed, with $20 costs and disbursements, and the motion denied. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ.