Reale v. International Business Machines Corp.

Order, entered February 2, 1970, unanimously reversed, on the law, with $50 costs and disbursements to defendants-appellants, defendants’ motion for summary judgment granted and complaint dismissed. The plaintiff alleges the malicious and wrongful termination of his employment as a salesman by defendant, IBM. However, the plaintiff did not have an *937employment contract for any agreed term and there is a failure as a matter of law to demonstrate an exclusive malicious motivation for the acts of the defendants. Upon the defendants’ showing of the particular circumstances leading to the discharge,…