Kimble v. Dell Broadcasting Corp.

Order unanimously affirmed with costs.

Memorandum: The IAS Court properly granted plaintiff’s motion for summary judgment and denied defendant’s cross motion for summary judgment. Plaintiff’s participation in a partnership that intended to apply for a license for a radio station did not constitute a breach of the employment contract; therefore, his subsequent termination, based solely on that participation, constituted a wrongful discharge. The employment contract permitted plaintiff to pursue outside business interests as long as they did not interfere with plaintiff’s contractual duties.…