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McPherson v. U.S. Clearing Corporation

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 1995
214 A.D.2d 340 (N.Y. App. Div. 1995)

Opinion

April 6, 1995

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).


The language in the personnel manual relied on by plaintiff can be construed as a promise to terminate solely for cause only through a reading that relies heavily on inference. The limitation urged by plaintiff on an employer's otherwise unfettered right to terminate an employee at will must be express (see, Weiner v McGraw-Hill, Inc., 57 N.Y.2d 458; see also, Sabetay v Sterling Drug, 69 N.Y.2d 329). Indeed, as the IAS Court pointed out, the manual was express in describing the employment as at will and in stating that it was not a contract or guarantee of employment. We have considered plaintiff's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Wallach, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

McPherson v. U.S. Clearing Corporation

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 1995
214 A.D.2d 340 (N.Y. App. Div. 1995)
Case details for

McPherson v. U.S. Clearing Corporation

Case Details

Full title:JOHN A. McPHERSON, Appellant, v. U.S. CLEARING CORPORATION, Respondent

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

Date published: Apr 6, 1995

Citations

214 A.D.2d 340 (N.Y. App. Div. 1995)
625 N.Y.S.2d 22