
    Santi Amoroso, Respondent, v. The Fruit Auction Company, Appellant.
    
      Amoroso v. Fruit Auction Co., 169 App. Div. 934, affirmed.
    (Argued December 18, 1917;
    decided January 8, 1918.)
    Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for an alleged breach of contract of employment. The answer denied the alleged discharge, affirmatively plead that plaintiff abandoned his employment prior to his alleged discharge, and, as a further defense, set up that from the time of the alleged discharge until the close of the contract period plaintiff devoted his entire time and attention to a business of his own and that the profits derived therefrom during such period exceeded the amount of the salary stipulated.
    
      William M. Bennett and Dudley F. Sicker for appellant.
    
      Daniel P. Hays for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chase, Collin, Cuddeback, Cardozo, Pound and Andrews, JJ. Dissenting: Crane, J.  