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Enman v. Person

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1989
155 A.D.2d 376 (N.Y. App. Div. 1989)

Opinion

November 28, 1989

Appeal from the Supreme Court, New York County (Charles E. Ramos, J.).


Plaintiff, a certified public accountant, commenced the underlying action against the defendants, his former employers, seeking compensatory damages and an accounting as a result of the defendants' alleged breach of a five-year employment agreement between the parties, and seeking punitive damages as a result of defendants' allegedly fraudulent inducement of the plaintiff to enter into the aforesaid agreement.

Summary judgment was precluded by triable issues of fact as to whether plaintiff's alleged efforts to mitigate damages, by attempting to secure other employment after his discharge, were reasonable, particularly since conflicting affidavits submitted by the parties in the court below drew completely different inferences from the same undisputed facts. (O'Neil v Port Auth., 111 A.D.2d 375 [2d Dept 1985]; Supan v Michelfeld, 97 A.D.2d 755 [2d Dept 1983].)

Concur — Kupferman, J.P., Milonas, Kassal and Ellerin, JJ.


Summaries of

Enman v. Person

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1989
155 A.D.2d 376 (N.Y. App. Div. 1989)
Case details for

Enman v. Person

Case Details

Full title:NORMAN ENMAN, JR., Respondent, v. STANLEY PERSON et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 28, 1989

Citations

155 A.D.2d 376 (N.Y. App. Div. 1989)
548 N.Y.S.2d 7

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