Legal Opinion
Bartenbach v. Board of Trustees of Nassau Library System
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 1997PublishedCited by 1 opinion
1Opinion of the Court
In an action, inter alia, to recover damages for breach of an employment contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated November 29, 1995, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
Absent an agreement establishing employment for a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party (see, Sabetay v Sterling Drug, 69 NY2d 329, 333; Weiner v McGraw-Hill, Inc., 57 NY2d 458). Here,…
2Cases cited5 opinions
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Sabetay v. Sterling Drug, Inc.New York Court of Appeals · 1987
- Wexler v. Newsweek, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Baker v. CitibankAppellate Division of the Supreme Court of the State of New York · 1991
- Scheiber v. St. John's UniversityAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- Roman v. Cornell UniversityDistrict Court, N.D. New York · 1999