Bruno Amaducci, Respondent, v. Metropolitan Opera Association, Inc., Appellant, et al., Defendant, 33 A.D.2d 542

Summary

The employee filed suit after being discharged in violation of his contract to serve as a conductor for the employer's orchestra. However, on review, the court concluded that the trial court erred in failing to dismiss the employee's claims related to emotional distress and mental anguish. In reaching its conclusion, the court relied on case law establishing that damages for breach of an employment contract were fixed by the contract for the unexpired employment term. The court then relied on its own prior case law in holding that allegations of damages other than those properly recoverable should be struck. In so holding, the court found that the employer's failure to move to strike the allegations did not foreclose their elimination.