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MATTER OF EXERCYCLE CORP. (MARATTA)

9 N.Y.2d 329 (1961)

In the Matter of the Arbitration between Exercycle Corporation, Appellant, and James Maratta, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1961.

Attorney(s) appearing for the Case

A. Walter Socolow and Max E. Lynne for appellant.

Edward J. Ennis and Clifford Forster for respondent.

Chief Judge DESMOND and Judges BURKE and FOSTER concur with Judge FULD; Judge FROESSEL concurs in result in a separate opinion in which Judge VAN VOORHIS concurs; Judge DYE dissents in an opinion.

FULD, J.

In March of 1955, James Maratta entered into an employment agreement with Exercycle Corporation. It provided that "Exercycle employs Maratta as its Vice-President in charge of sales" and that he hereby "shall have general charge and supervision of the selling activities for Exercycle." And, the agreement went on to recite, "Maratta accepts the employment and agrees to devote his best efforts and full...

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