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DeRUSSY v. FEDERATED CAPITAL CORPORATION

9 A.D.3d 274 (2004)

779 N.Y.S.2d 481

CORTES E. DeRUSSY, Appellant, v. FEDERATED CAPITAL CORPORATION et al., Respondents.

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

July 1, 2004.

Since plaintiff specifically alleged compliance with the notice provision in the subject employment agreement, defendants' general denial was sufficient to raise the issue of noncompliance (CPLR 3015 [a]; see Allis-Chalmers Mfg. Co. v Malan Constr. Corp., 30 N.Y.2d 225, 233 [1972]).

Upon review, we find that plaintiff's notice of termination was not given within 60 days of the occurrence of the "good reason" he invoked for...

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