
    Max Lipka, Respondent, v. David Walker et al., Doing Business as Up To Date Yarn Dyeing Co., Appellants.
    Supreme Court, Appellate Term, Second Department,
    December 5, 1946.
    
      Harry Meisnere for appellants.
    
      Max Lipka, respondent in person.
   Memorandum

Per Curiam.

There was no evidence of a hiring for a definite period. Plaintiff’s employment “ on a weekly basis ” at a stated weekly rate of compensation, without more, was an indefinite hiring which was terminable at the will of either party at any time. (Watson v. Gugino, 204 N. Y. 535; Martin v. N. Y. Life Insurance Co., 148 N. Y. 117.) In the circumstances, defendants had a right to terminate the employment without rendering themselves liable for future wages. (Walsh v. New York & Kentucky Co., 88 App. Div. 477.)

The judgment should be modified upon the law by reducing the amount of the recovery against defendants to $26.57, and as so modified affirmed, with $10 costs of this appeal to the appellants.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Judgment accordingly.  