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Lynch v. Pharmaceutical Discovery Corporation

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 906 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contentions on appeal, the plaintiff's complaint adequately sets forth a cause of action for breach of the employment contract that was entered into between the parties. "The law is clear that if an employee is under contract to fill a particular position, any material change in his duties or significant reduction in rank may be treated by the employee as a breach of the contract" (Hondares v. TSS-Seedman's Stores, 151 A.D.2d 411, 413; see also, Rudman v. Cowles Communications, 30 N.Y.2d 1).

In this case, the plaintiff's uncontradicted allegation that the defendant's actions resulted in a material alteration of the executive duties and powers inherent in her position as the chief financial officer of the defendant corporation is sufficient to state a cognizable cause of action for breach of contract. Santucci, J.P., Joy, Krausman and Goldstein, JJ., concur.


Summaries of

Lynch v. Pharmaceutical Discovery Corporation

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 906 (N.Y. App. Div. 1994)
Case details for

Lynch v. Pharmaceutical Discovery Corporation

Case Details

Full title:EILEEN V. LYNCH, Respondent, v. PHARMACEUTICAL DISCOVERY CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 1994

Citations

208 A.D.2d 906 (N.Y. App. Div. 1994)
617 N.Y.S.2d 883

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