From Casetext: Smarter Legal Research

Moore v. True North Communications

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2003
1 A.D.3d 175 (N.Y. App. Div. 2003)

Opinion

2195

November 13, 2003.

Order, Supreme Court, New York County (Richard Braun, J.), entered January 13, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Pro Se, for plaintiff-appellant.

Lorie Almon, for defendant-respondent.

Before: Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ.


The court properly found that defendant demonstrated its entitlement to summary judgment as a matter of law and that plaintiff failed to show the existence of material issues of fact to warrant a trial (Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Plaintiff's "surmise, conjecture or suspicion" (Shaw v. Time-Life Records, 38 N.Y.2d 201, 207) that the reason for his failure to obtain certain employment was that employees of defendant, his former employer, must have violated the non — disparagement clause of his separation agreement, was insufficient to defeat the summary judgment motion. The inferences that plaintiff seeks to draw in order to prove his case are purely speculative.

Since the additional claim that a supposed violation of the non-disparagement clause caused plaintiff's termination from subsequent employment was not properly before Supreme Court, we decline to consider it. In any event, defendant provided evidence to warrant summary judgment and plaintiff presented nothing more than the same sort of speculative inferences as he did with respect to the other claim.

We have considered and rejected plaintiff's remaining arguments, including his procedural claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Moore v. True North Communications

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2003
1 A.D.3d 175 (N.Y. App. Div. 2003)
Case details for

Moore v. True North Communications

Case Details

Full title:BRIAN MOORE, Plaintiff-Appellant, v. TRUE NORTH COMMUNICATIONS, ETC.…

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

Date published: Nov 13, 2003

Citations

1 A.D.3d 175 (N.Y. App. Div. 2003)
766 N.Y.S.2d 564

Citing Cases

Martinez v. Pizza

This includes the right to perform inspections, limited to review of sales and order forms, audits to ensure…

Dorman v. 19-20 Indus. City Assoc., Inc.

Plaintiffs have failed to refute this showing, since plaintiff admitted during his deposition that he was…