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RADOSH v. SHIPSTAD

20 N.Y.2d 504 (1967)

Florence Radosh, Also Known as Florence Rae, Appellant, v. Eddie H. Shipstad et al., Doing Business as Ice Follies, Respondents.

Court of Appeals of the State of New York.

Decided November 2, 1967.

Attorney(s) appearing for the Case

Edward Cherney, Philip Elterman and Jerold L. Couture for appellant.

L. Reyner Samet for respondents.

Judges VAN VOORHIS, BERGAN, KEATING and BREITEL concur with Judge BURKE; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Chief Judge FULD concurs.

BURKE, J.

The central issue on this appeal is the viability of a defense to an action on an employment contract based upon the conceded illegality of a provision in plaintiff's employment contract allowing her employers, the defendants, to suspend her without pay and still claim the exclusive right to her services.

The plaintiff is a professional ice skater, apparently of considerable talent. In...

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