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RUTZEN v. MONROE COUNTY

104 Misc.2d 1000 (1980)

Estelle Rutzen, Plaintiff, v. Monroe County Long Term Care Program, Inc., et al., Defendants.

Supreme Court, Monroe County.

July 2, 1980.

Attorney(s) appearing for the Case

Angelo T. Calleri for plaintiff. Lines, Wilkens, Osborn & Beck (Robert T. Di Giulio of counsel), for defendants.

WILMER J. PATLOW, J.

In this action by a former employee to recover damages for breach of employment contract, the jury returned a verdict in favor of plaintiff. The court reserved for itself the question of whether or not the unemployment compensation benefits received by plaintiff during the period following her wrongful discharge should, in mitigation of damages, be deducted from her ultimate award.

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