Opinion
March 28, 1994
Appeal from the Supreme Court, Nassau County (Collins, J.).
Ordered that the order is affirmed, with costs to the respondents New York Telephone Company, NYNEX Corporation, Dwight Kellogg, William Wiginton, Bailey Geeslin, Eugene Connell and Steven Haran.
Contrary to the plaintiff's contention, we find that the complaint failed to state a cause of action for which relief could be granted. Therefore, it was properly dismissed by the Supreme Court pursuant to CPLR 3211 (a) (7).
The cause of action alleging breach of an oral agreement between the parties is not actionable. A subsequent written agreement lucidly manifests the parties' intent that the written agreement supersede the oral agreement and that it constitute the entire agreement between the parties. Since the written agreement is clear and complete on its face, the operation of the parol evidence rule effectively bars any action to enforce the oral agreement (see generally, W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157, 162).
With respect to the plaintiff's claims that he was defamed by his former co-workers, the alleged defamatory statements were clearly entitled to a qualified privilege, which is not overcome by the plaintiff's conclusory allegations that the statements were published with actual malice (see, Shapiro v. Health Ins. Plan, 7 N.Y.2d 56; Misek-Falkoff v. Keller, 153 A.D.2d 841).
We further find that the proposed amended complaint also fails to state a cause of action for which relief may be granted. Therefore the plaintiff's cross motion for leave to amend the complaint was properly denied (see, Wieder v. Skala, 168 A.D.2d 355). Bracken, J.P., O'Brien, Pizzuto and Altman, JJ., concur.