From Casetext: Smarter Legal Research

DeSimone v. Supertek, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 2003
308 A.D.2d 501 (N.Y. App. Div. 2003)

Opinion

2002-08737

Argued September 9, 2003.

September 22, 2003.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated August 12, 2002, as granted that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging breach of contract.

Shatz Meier Franzino Scher, LLP, New York, N.Y. (Davida S. Scher of counsel), for appellants.

Stephen B. Schulman, P.C., New York, N.Y. (Nicholas C. Corona of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, HOWARD MILLER, THOMAS A. ADAMS, JJ.


DECISION ORDER

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

It is well settled that absent an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party, for any reason or even for no reason ( see Lobosco v. New York Tel. Co./NYNEX, 96 N.Y.2d 312, 316; Matter of De Petris v. Union Settlement Assn., 86 N.Y.2d 406, 410; Sabetay v. Sterling Drug, 69 N.Y.2d 329, 333; Riccardi v. Cunningham, 291 A.D.2d 547, 548). The defendant established its prima facie entitlement to judgment as a matter of law by showing that there was no agreement establishing a fixed duration to the plaintiffs' employment. In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging breach of contract.

The plaintiffs' remaining contention is without merit.

RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.


Summaries of

DeSimone v. Supertek, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 2003
308 A.D.2d 501 (N.Y. App. Div. 2003)
Case details for

DeSimone v. Supertek, Inc.

Case Details

Full title:THOMAS DeSIMONE, ETC., ET AL., appellants, v. SUPERTEK, INC., respondent

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

Date published: Sep 22, 2003

Citations

308 A.D.2d 501 (N.Y. App. Div. 2003)
764 N.Y.S.2d 846

Citing Cases

Canon U.S.A., Inc. v. Giordano

It is well settled that, absent an agreement establishing a fixed duration, an employment relationship is…

Wood v. Long Is. Pipe Supply, Inc.

It is well settled that, absent an agreement establishing a fixed duration, an employment relationship is…