Legal Opinion

Clark v. Helmsley Windsor Hotel

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

Decided April 11, 1995PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about March 21, 1994, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s causes of action for fraudulent and negligent *366misrepresentation were properly dismissed, first because they were improper attempts to transform a simple breach of contract into tort claims (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 389), and second, because plaintiffs status as an at-will employee necessarily negated any claim of reasonable reliance on the…

2Cases cited2 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Bower v. Atlis Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by4 opinions

  1. Minovici v. Belkin BVAppellate Division of the Supreme Court of the State of New York · 2013
  2. Marino v. Oakwood Care CenterAppellate Division of the Supreme Court of the State of New York · 2004
  3. Jacqueline S. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  4. Minovici v. Belkin BVAppellate Division of the Supreme Court of the State of New York · 2013

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