SABO v. DELMAN


286 A.D. 238 (1955)

Louis Sabo, Appellant, v. Herman B. Delman et al., Respondents

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

June 21, 1955.


Attorney(s) appearing for the Case

Armand Gilinsky of counsel (Caroline K. Simon and Robert Pesner with him on the brief; Gilinsky, Schur & Mishkin, attorneys), for appellant.

David W. Kahn of counsel (Benjamin Seligman and William M. Kahn with him on the brief; Seligman & Seligman, attorneys), for respondents.

COHN and BASTOW, JJ., concur with PECK, P. J.; RABIN, J., dissents in part in opinion in which BOTEIN, J., concurs.


PECK, P. J.

The question presented on this appeal is the sufficiency of the complaint. Although the three defendants occupy slightly different positions, they may, for the purpose of testing the complaint, be treated alike and referred to as the "defendant".

Plaintiff is an employee of defendant in the business of manufacturing ladies shoes. He claims to have invented a machine of use and value in shoe...

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