Maggio v. Swanson

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendants’ cross motion for summary judgment dismissing the cause of action for wrongful termination. Defendants submitted unrebutted evidence establishing that Woodbine Construction Company (Woodbine) entered into a contract for reconstruction work at the Syracuse Jewish Community Center (Center). Specifically excluded from the contract was the removal of asbestos. Plaintiff was instructed by defendant Norman Swanson to have…