Opinion
February 9, 1993
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
Plaintiff's first cause of action, sounding in breach of contract, was properly dismissed as the documentary evidence demonstrates that the proposed employment relationship was one that was "at will," and thus terminable by either party at any time for any reason or no reason (see, Wieder v Skala, 80 N.Y.2d 628, 633). Nor does the documentary evidence support a claim for a bonus payment as said payment was contingent upon plaintiff's "good standing" in defendant's employ, a condition which did not occur, as plaintiff never commenced work with defendant. The court properly dismissed plaintiff's second cause of action sounding in fraud. Plaintiff's claim that defendant never intended to employ him as a managing director is essentially a restatement of his first cause of action for breach of contract (Chase v United Hosp., 60 A.D.2d 558, 559).
We have considered plaintiff's remaining contentions and find them to be without merit.
Concur — Carro, J.P., Ellerin, Ross and Asch, JJ.