Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Green, J.P., Lawton, Boehm, Fallon and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. As an at-will employee, plaintiff had no cause of action for breach of contract or wrongful discharge (see, Murphy v American Home Prods. Corp., 58 N.Y.2d 293; Connor v First Sec. Servs. Corp., 135 A.D.2d 1131; see also, Pulsafeeder, Inc. v Greene, 185 A.D.2d 667). Plaintiff also had no cause of action under the Human Rights Law. Plaintiff alleged that she was terminated because she resisted and complained about the homosexual advances of a co-worker (see, Executive Law § 296 [e]). Plaintiff's complaint alleged that the co-worker made two sexually suggestive remarks. The record shows, however, that the first remark was not sexually suggestive and that the second, even if regarded as being sexually suggestive, was not specifically directed at plaintiff. Further, the record is devoid of evidence that the alleged remarks of the co-worker were condoned by defendant or that plaintiff was terminated because she complained about the alleged remarks.