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Skibinski v. Collezion

Appellate Term of the Supreme Court of New York, Second Department
Dec 19, 2003
2003 N.Y. Slip Op. 51667 (N.Y. App. Term 2003)

Opinion

2002-73 Q C.

Decided December 19, 2003.

Appeal by plaintiff from a judgment of the Civil Court, Queens County (J. Golia, J.), dated October 12, 2001, which dismissed her complaint.

Judgment unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and RIOS, JJ.


The complaint set forth causes of action sounding in wrongful termination, fraud and defamation, and sought punitive damages. It is well settled that when employment is for an indefinite term, the employee is considered to be an employee at-will, and that such employment may be terminated by either party for any reason or no reason at all ( see Sabetay v. Sterling Drug, 69 NY2d 329, 333; Murphy v. American Home Prods. Corp., 58 NY2d 293, 300). The plaintiff admitted that there was no written contract of employment, the job was not for a specified duration and she did not accept employment on the condition that she could only be discharged for cause. Therefore, plaintiff was an at-will employee and these circumstances do not give rise to a cause of action for wrongful termination ( see Civiletti v. Independence Sav. Bank, 236 AD2d 436; Mayer v. Publishers Clearing House, 205 AD2d 506, 507; Lerman v. Medical Assocs. of Woodhull, 160 AD2d 838, 839). Plaintiffs remaining contentions are without merit and the lower court properly dismissed the complaint.


Summaries of

Skibinski v. Collezion

Appellate Term of the Supreme Court of New York, Second Department
Dec 19, 2003
2003 N.Y. Slip Op. 51667 (N.Y. App. Term 2003)
Case details for

Skibinski v. Collezion

Case Details

Full title:ELENA SKIBINSKI, Appellant, v. HMA/JULIANE COLLEZIONE and BONNIE…

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

Date published: Dec 19, 2003

Citations

2003 N.Y. Slip Op. 51667 (N.Y. App. Term 2003)