Susman v. Commerzbank Capital Markets Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (0. Peter Sherwood, J.), entered December 5, 2011, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs.
Supreme Court properly dismissed the first cause of action for breach of contract since the documentary evidence conclusively established that plaintiff was an at-will employee and thus defendants were authorized to terminate his employment at any time for any reason, or for no reason (see Smalley v Dreyfus Corp., 10 NY3d 55 [2008]). Plaintiff argues that his agreement was modified by…
2Cases cited9 opinions
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Remba v. Federation Employment & Guidance ServiceNew York Court of Appeals · 1990
- Smalley v. Dreyfus Corp.New York Court of Appeals · 2008
- SAA-A, Inc. v. Morgan Stanley Dean Witter & Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Ullmann v. Norma Kamali, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by19 opinions
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- Coleman & Associates Enterprises, Inc. v. Verizon Corporate Services Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Deadco Petroleum v. Trafigura AGAppellate Division of the Supreme Court of the State of New York · 2017
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