Summary
In Hirsch v. Associated Amusement Machine Operators of New York, Inc., 127 N.Y.S.2d 82 (1953), the discharged employee submitted his resignation allegedly on the promise that he would receive severance pay. There it was held that the surrender of his position constituted sufficient consideration for the promise to make severance payment.
Summary of this case from Griffith v. Melbourn Farm Serv. CoopOpinion
October 29, 1953.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BURNET, J.
Jerome G. Rosenhaus and Robert Markewich for appellant.
Theodore Blatt and Harry Silver for respondent.
The court below seemingly dismissed the complaint upon the ground that the promise of the defendant to pay the plaintiff severance pay upon his submitting his written resignation was an unenforcible obligation lacking consideration. This was error. The submission of plaintiff's written resignation was sufficient consideration for the promise to pay him severance pay. We do not at this time pass upon the question whether the refusal of the defendant to continue the severance pay was for just cause.
The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.
EDER, SCHREIBER and HECHT, JJ., concur.
Judgment reversed, etc.