Legal Opinion

Barber v. Deutsche Bank Securities, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 19, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered July 14, 2011, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without cost.

Contrary to plaintiffs contention, the November 19, 2008 letter agreement setting forth the terms of his assignment in Hong Kong (the HK contract) did not expressly modify the at-will provision of the August 6, 2007 letter offering him employment (the offer letter), which explicitly provided that all terms and conditions of his employment were set forth in the offer letter *513an…

2Cases cited8 opinions

  1. Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
  2. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  3. Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Truelove v. Northeast Capital & Advisory, Inc.New York Court of Appeals · 2000
  5. Novinger v. Eden Park Health Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

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