GERBER v. JAROLD SHOPS, INC.


278 A.D. 634 (1951)

Irving Gerber, Respondent, v. Jarold Shops, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1951.


Per Curiam.

The verdict in favor of plaintiff was contrary to the weight of the evidence and should be set aside. It is undisputed that between November, 1942, and March, 1947, plaintiff received $50 per week while defendant charged itself with weekly salary payments to plaintiff of $125. Defendant admits that plaintiff was employed at a salary of $125 during that period, but it fails to explain the weekly pay envelopes containing $50 which had been prepared...

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