ALLHUSEN v. CARISTO CONSTR. CORP.


5 Misc.2d 749 (1950)

Herman Allhusen, Plaintiff, v. Caristo Construction Corp., Defendant.

Supreme Court, Special Term, New York County.

December 26, 1950.


Attorney(s) appearing for the Case

Max E. Greenburg for defendant.

David M. Berenson for plaintiff.


BERNARD BOTEIN, J.

In Sacks v. Neptune Meter Co. (144 Misc. 70), the prevailing opinion of the Appellate Term expressed the view (pp. 71, 77) that had the contract involved in that case provided that the claim for salary earned by the employee was nonassignable or that no rights could be acquired by an assignee, the plaintiff would not be entitled to recover. Recovery was allowed only because the contract...

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