Jerry M. Arledge v. Stratmar Systems, Inc.

I respectfully dissent from the majority’s conclusion that the contract between plaintiff Jerry M. Arledge and defendant Strat-mar Systems, Inc. (“Stratmar”), was terminable at will as a matter of law. I would vacate the summary judgment and remand for trial because, as I read the agreement and the record, there is an issue of fact as to whether Stratmar agreed to employ Ar-ledge as long as his performance was satisfactory, an agreement that, under New York law, would mean that the contract was not terminable at will.

Though under New York law an employment contract that makes no specific…