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Riccardi v. Cunningham

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 2002
291 A.D.2d 547 (N.Y. App. Div. 2002)

Summary

dismissing a breach of contract claim premised on the defendants' alleged violation of their duty to terminate the plaintiff "only in good faith and with fair dealing"

Summary of this case from Nicholas v. Wyndham Hotel Grp., LLC

Opinion

2001-05527

Argued January 25, 2002.

February 25, 2002.

In an action, inter alia, to recover damages for wrongful discharge, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Cammer, J.), dated May 7, 2001, as granted that branch of the defendants' motion which was to dismiss the plaintiff's cause of action for wrongful discharge pursuant to CPLR 3211(a)(7).

George J. Robertazzi, Brooklyn, N.Y. (Robert Ricco of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Ricki Roer and Erica Stein of counsel), for respondents.

Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, THOMAS A. ADAMS, JJ.


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

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendants' motion to dismiss the plaintiff's cause of action for wrongful discharge pursuant to CPLR 3211(a)(7). 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 (see, Matter of De Petris v. Union Settlement Assn., 86 N.Y.2d 406, 410; Sabetay v. Sterling Drug, 69 N.Y.2d 329, 333). "This State neither recognizes a tort of wrongful discharge nor requires good faith in an at-will employment relationship" (Matter of De Petris v. Union Settlement Assn., supra, at 410; see also, Gill v. Pathmark Stores, 237 A.D.2d 563). Indeed, to imply an obligation of good faith and fair dealing on the part of an employer would be inconsistent with the employer's unfettered right to discharge an employee at will for any reason, or even for no reason at all (see, Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 300; Production Prods. Co. v. Vision Corp., 270 A.D.2d 922; Sheth v. New York Life Ins. Co., 273 A.D.2d 72, 73). Since the plaintiff was an employee at will, her allegation that the defendants violated their duty to terminate her "only in good faith and with fair dealing" fails to state a cognizable cause of action under New York law (see, Murphy v. American Home Prods. Corp., supra; Production Prods. Co. v. Vision Corp., supra; Sheth v. New York Life Ins. Co., supra; Gill v. Pathmark Stores, supra).

The plaintiff's remaining contentions are without merit.

FLORIO, J.P., FEUERSTEIN, O'BRIEN and ADAMS, JJ., concur.


Summaries of

Riccardi v. Cunningham

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 2002
291 A.D.2d 547 (N.Y. App. Div. 2002)

dismissing a breach of contract claim premised on the defendants' alleged violation of their duty to terminate the plaintiff "only in good faith and with fair dealing"

Summary of this case from Nicholas v. Wyndham Hotel Grp., LLC
Case details for

Riccardi v. Cunningham

Case Details

Full title:MARY ANN RICCARDI, appellant, v. JOSEPH N. CUNNINGHAM, JR., ET AL.…

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

Date published: Feb 25, 2002

Citations

291 A.D.2d 547 (N.Y. App. Div. 2002)
737 N.Y.S.2d 871

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