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Howley v. Newsday, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 729 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered that the order is affirmed, with costs.

It is well established that, absent an agreement to the contrary, an employment relationship is presumed to be one which is terminable at the will of either party (see, Sabetay v Sterling Drug, 69 N.Y.2d 329; Murphy v American Home Prods. Corp., 58 N.Y.2d 293). To sustain a cause of action for breach of an employment contract, a discharged employee must show that the employee handbook, or some other enforceable employment contract, contained an express limitation prohibiting the employee's discharge except for cause, and that the employee specifically relied upon this language (see, Sabetay v Sterling Drug, supra; Charyn v National Westminster Bank, 204 A.D.2d 676; Paruolo v Cohen, 167 A.D.2d 454).

In the instant case, the record shows that the plaintiff was explicitly hired as an at-will employee. The plaintiff has failed to establish that his employment could be terminated only for cause. Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

We have examined the plaintiff's remaining contentions and find them to be without merit. Bracken, J.P., Copertino, Krausman and Florio, JJ., concur.


Summaries of

Howley v. Newsday, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 729 (N.Y. App. Div. 1995)
Case details for

Howley v. Newsday, Inc.

Case Details

Full title:MICHAEL J. HOWLEY, Appellant, v. NEWSDAY, INC., Respondent

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

Date published: May 30, 1995

Citations

215 A.D.2d 729 (N.Y. App. Div. 1995)
627 N.Y.S.2d 85

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