LEVITZ v. ROBBINS MUSIC CORP.


6 A.D.2d 1027 (1958)

Stephen J. Levitz, Appellant, v. Robbins Music Corporation et al., Respondents

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

October 7, 1958


Plaintiff cannot maintain a cause of action for breach of a contract of employment in the face of allegations in his own complaint that, given a choice between resignation and discharge, he resigned. Resignation is ordinarily a voluntary act, and the fact that plaintiff was threatened with discharge does not constitute such duress as to render the resignation involuntary (Clasen v. Doherty, 242 App. Div. 502; Halperin v. Wolosoff, 282 App. Div. 876, motion for...

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