MURTHA v. YONKERS CHILD CARE ASS'N, INC.


59 A.D.2d 925 (1977)

Vincent K. Murtha, Respondent, v. Yonkers Child Care Association, Inc., et al., Appellants, et al., Defendant

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

November 21, 1977


Judgment reversed, on the law, with costs, and complaint dismissed. The findings of fact have not been affirmed.

There was an utter failure of proof on the part of the plaintiff to show that the corporate defendant breached his employment contract or that the other defendants conspired to breach that contract. Rather, the record reveals that plaintiff was properly discharged, after he, on the advice of his attorney, had failed to attend a hearing held to inquire into...

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