Opinion
March 1, 1907.
J. Charles Weschler [ Sol Rothschild with him on the brief], for the appellant.
Robert P. Beyer, for the respondent.
The complaint contains two causes of action, viz., one for the amount due to the plaintiff on his contract of service for a year at the time of its breach by his discharge by the defendant, and the other for the damages caused by the breach. They are not one cause of action; the test is that a recovery on one of them would not bar an action on the other ( Perry v. Dickerson, 85 N.Y. 345).
The order should be reversed and the motion granted.
WOODWARD, JENKS and RICH, JJ., concurred.
Order of the County Court of Kings county reversed, with ten dollars costs and disbursements, and motion granted, with costs.