George Reiner and Co. v. Arnold Schwartz

[41 N.Y.2d 648 Page 649] Arnold Schwartz, a resident of Salem, Massachusetts, responded to an advertisement placed by plaintiff, a New York corporation, in the Boston Globe. At the request and expense of plaintiff, Schwartz traveled to plaintiff's corporate offices at 328 Central Avenue, Albany, New York, and was there interviewed by George Reiner, plaintiff's president. The position Schwartz sought was that of salesman, the territory was that of New England. An agreement was reached that day and, when Schwartz returned to Massachusetts, he took with him a memorandum thereof, which included notations as to his sales territory, his rate of commissions, and other incidentals of his employment. The employment relationship, entered into on December 23, 1967, apparently continued for over four years, during which time Schwartz covered the New England area, an area not including New York, using his Massachusetts home as his office.