GOLDMAN v. CITY SPECIALTY STORES, INC

Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to appellant, and motion to strike paragraphs 3d 4th and 8th of the complaint is granted. The measure of damages in a suit for breach of a contract of employment is the amount plaintiff employee would have earned had the contract been performed, less what the employee, acting reasonably, could have earned ( Howard v. Daly, 61 N.Y. 362). Allegations set forth in the challenged paragraphs which seek the recovery of damages in excess of this amount are irrelevant and prejudicial. Settle order.