Waldron v. Lutheran Soc. Serv of Upper N.Y

Full title: RONALD L. WALDRON, Appellant, v. LUTHERAN SOCIAL SERVICES OF UPPER NEW…

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

Date published: Sep 30, 1994

207 A.D.2d 1027 (N.Y. App. Div. 1994)

617 N.Y.S.2d 665

Opinion

September 30, 1994

Appeal from the Supreme Court, Chautauqua County, Cass, Jr., J.

Present — Green, J.P., Fallon, Wesley, Doerr and Boehm, JJ.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint. Plaintiff failed to raise an issue of fact in response to defendants' showing that the statements made by defendant Norman Berg were subject to a qualified privilege and were not made with malice (see, Stukuls v. State of New York, 42 N.Y.2d 272, 279; McDowell v. Dart, 201 A.D.2d 895). Additionally, plaintiff's cause of action for intentional interference with contractual rights fails because plaintiff, an at-will employee, offered no proof that defendants made any fraudulent misrepresentations or threats or violated any duty owed to plaintiff based on a confidential relationship (see, Miller v. Richman, 184 A.D.2d 191, 194).