HERMAN v. NESS APPAREL CO., INC.


305 A.D.2d 217 (2003)

760 N.Y.S.2d 142

ERIC HERMAN, Respondent, v. NESS APPAREL CO., INC., et al., Appellants, et al., Defendant.

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

Decided May 15, 2003.


Plaintiff sued his former employer and its president for the breach of an oral one-year employment contract, seeking outstanding salary due him and certain expenses. Defendants deny an agreement was ever reached and contend that plaintiff was an at-will employee. Defendants also contend that Yona Edelkopf, the corporate defendant's president, never intended to be personally liable or guarantee plaintiff's salary.

At plaintiff's deposition, he conceded that the drafts...

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