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Adzick v. AGS Computers, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1990
160 A.D.2d 530 (N.Y. App. Div. 1990)

Opinion

April 19, 1990

Appeal from the Supreme Court, New York County (David Edwards, Jr., J.).


Plaintiff cannot dispute the at-will nature of her former employment with corporate defendants AGS Computers, Inc. and AGS Information Services, Inc., permitting termination by either party at any time for any or no reason, by asserting speculative causes of action against both the corporate and individual defendants for tortious interference with plaintiff's employment and for misrepresentation.

Specifically, the amended complaint failed to allege that any condition existed which abrogated the parties' respective rights to terminate plaintiff's employment, failed to allege that the individual defendants had committed any independent tortious acts which were outside the scope of their corporate employment, and premised the misrepresentation and fraud claims upon speculative promises of entitlement to future earnings and employment. (Ingle v. Glamore Motor Sales, 73 N.Y.2d 183; Murphy v. American Home Prods. Corp., 58 N.Y.2d 293; Murtha v. Yonkers Child Care Assn., 45 N.Y.2d 913; Tesoro Petroleum Corp. v. Holborn Oil Co., 108 A.D.2d 607.)

Thus, any claim that plaintiff may have that she did not receive the compensation to which she was entitled as an employee of the corporate defendant is encompassed in the first and second causes of action of the amended complaint for breach of contract. (Sabetay v. Sterling Drug, 69 N.Y.2d 329; Comtomark, Inc. v Satellite Communications Network, 116 A.D.2d 499.)

Concur — Carro, J.P., Milonas, Asch, Ellerin and Rubin, JJ.


Summaries of

Adzick v. AGS Computers, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1990
160 A.D.2d 530 (N.Y. App. Div. 1990)
Case details for

Adzick v. AGS Computers, Inc.

Case Details

Full title:MICHELLE ADZICK, Respondent, v. AGS COMPUTERS, INC., et al., Appellants

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

Date published: Apr 19, 1990

Citations

160 A.D.2d 530 (N.Y. App. Div. 1990)
554 N.Y.S.2d 182

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