From Casetext: Smarter Legal Research

Greenfield v. Tripp

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 1960
10 A.D.2d 638 (N.Y. App. Div. 1960)

Opinion

February 15, 1960

Present — Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ.


In an action to recover damages for breach of contract, the appeal is (1) from a judgment, entered on a jury's verdict, in favor of respondent, and (2) from an order resettling said judgment so as to add interest thereto. Judgment and order unanimously affirmed, with one bill of costs. Whether the relationship of respondent to appellant was that of a theatrical employment agency, in which event respondent required a license, or that of a manager, in which event he did not, was a question of fact to be resolved by the jury. ( Mandel v. Liebman, 303 N.Y. 88; Hyde v. Vinolas, 234 App. Div. 364.) Interest was properly added to the verdict ( Mayaguez Drug Co. v. Globe Rutgers Fire Ins. Co., 260 N.Y. 356), even though the complaint contained no specific demand for interest. (Civ. Prac. Act, § 480; Flamm v. Noble, 296 N.Y. 262.)


Summaries of

Greenfield v. Tripp

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 1960
10 A.D.2d 638 (N.Y. App. Div. 1960)
Case details for

Greenfield v. Tripp

Case Details

Full title:MANNIE GREENFIELD, Respondent, v. PETER TRIPP, Appellant

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

Date published: Feb 15, 1960

Citations

10 A.D.2d 638 (N.Y. App. Div. 1960)

Citing Cases

Vale v. Heitner

Although no interest was demanded, the court may grant it when it is warranted by the proof. (CPLR 3017, subd…

Shelton v. Elite Model Mgt.

Rather, the circumstances of each modeling agency defendant must be considered by a trier of fact. ( Hyde v.…