Opinion
April 19, 1990
Appeal from the Supreme Court, New York County (David Edwards, Jr., J.).
Plaintiff cannot dispute the at-will nature of her former employment with corporate defendants AGS Computers, Inc. and AGS Information Services, Inc., permitting termination by either party at any time for any or no reason, by asserting speculative causes of action against both the corporate and individual defendants for tortious interference with plaintiff's employment and for misrepresentation.
Specifically, the amended complaint failed to allege that any condition existed which abrogated the parties' respective rights to terminate plaintiff's employment, failed to allege that the individual defendants had committed any independent tortious acts which were outside the scope of their corporate employment, and premised the misrepresentation and fraud claims upon speculative promises of entitlement to future earnings and employment. (Ingle v. Glamore Motor Sales, 73 N.Y.2d 183; Murphy v. American Home Prods. Corp., 58 N.Y.2d 293; Murtha v. Yonkers Child Care Assn., 45 N.Y.2d 913; Tesoro Petroleum Corp. v. Holborn Oil Co., 108 A.D.2d 607.)
Thus, any claim that plaintiff may have that she did not receive the compensation to which she was entitled as an employee of the corporate defendant is encompassed in the first and second causes of action of the amended complaint for breach of contract. (Sabetay v. Sterling Drug, 69 N.Y.2d 329; Comtomark, Inc. v Satellite Communications Network, 116 A.D.2d 499.)
Concur — Carro, J.P., Milonas, Asch, Ellerin and Rubin, JJ.