CALLENS v. SIMMONS MACH. TOOL CORP.


110 A.D.2d 994 (1985)

Madie Callens, as Administratrix of The Estate of Burke Callens, Deceased, Respondent-Appellant, v. Simmons Machine Tool Corporation, Appellant-Respondent, et al., Defendant

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

April 25, 1985


Casey, J.

Contrary to the present claim of defendant Simmons Machine Tool Corporation (hereinafter defendant) that plaintiff resigned his employment to avoid being fired, defendant's own records, plaintiff himself, and a finding by the Unemployment Insurance Appeal Board all indicate that plaintiff was discharged from his employment in the following circumstances. On February 25, 1981, plaintiff removed from defendant's premises a 55-gallon drum of aluminum...

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