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Berg v. German National Tourist Office

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1998
248 A.D.2d 297 (N.Y. App. Div. 1998)

Opinion

March 26, 1998

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


The plain language of the subject employment contract permitted defendant-respondent employer to terminate the contract pursuant to which it employed plaintiff without notice for good reason. Good reason was demonstrated as a matter of law herein. Moreover, even if plaintiff at the time of the activity cited in support of her dismissal had been engaged in "recreational activities" within the meaning of Labor Law § 201-d (1) (b), it would still be clear, as a matter of law, that the exception in subdivision (3) (a) of that statute for activity that "creates a material conflict of interest related to the employer's * * * business interest" would apply to allow termination of plaintiff's contract of employment.

We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.


Summaries of

Berg v. German National Tourist Office

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1998
248 A.D.2d 297 (N.Y. App. Div. 1998)
Case details for

Berg v. German National Tourist Office

Case Details

Full title:ELKE BERG, Appellant, v. GERMAN NATIONAL TOURIST OFFICE et al.…

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

Date published: Mar 26, 1998

Citations

248 A.D.2d 297 (N.Y. App. Div. 1998)
670 N.Y.S.2d 90