Opinion
April 4, 1986
Appeal from the Supreme Court, Monroe County, White, J.
Present — Dillon, P.J., Denman, Boomer, Pine and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: Special Term properly granted summary judgment dismissing the complaint, which contains causes of action for slander, intentional infliction of emotional distress and prima facie tort. In his second cause of action, plaintiff alleges that the defamatory statements were made about him in order to cause his employment to be terminated, that the statements in no way furthered the reasonable business purposes of defendant, and that the statements intentionally caused infliction of emotional distress. In his third cause of action, plaintiff alleges that the statements were made out of malice to drive plaintiff out of his employment and that, as a result, he was constructively terminated from his employment. Neither of these states a cause of action (see, Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 303-304; Rozanski v Fitch, 113 A.D.2d 1010; Terry v. County of Orleans, 72 A.D.2d 925). The first cause of action attributes certain slanderous remarks to two named Xerox employees in the presence of a third employee. In support of its motion for summary judgment, defendant submitted affidavits and testimony of these employees wherein they denied that the slanderous remarks were made. In opposition, plaintiff submitted no proof in admissible form sufficient to raise a question of fact for the jury; hence, this cause of action, also, was properly dismissed (see, Bachrach v Farbenfabriken Bayer, 36 N.Y.2d 696; Trails W. v. Wolff, 32 N.Y.2d 207; Badman v. Civil Serv. Employees Assn., 91 A.D.2d 858).