Opinion
March 1, 1994
Appeal from the Supreme Court, New York County (Bruce McM. Wright, J.).
In light of the fact that respondent's determination to terminate petitioner was not factually supported by the testimony of respondent's witnesses or petitioner's internal investigations, we agree with the trial court's conclusion that petitioner's termination was arbitrary, capricious and made in bad faith (cf., Matter of Garrison v. Koehler, 161 A.D.2d 322).
Concur — Rosenberger, J.P., Ellerin, Kupferman, Nardelli and Williams, JJ.