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Grebinar v. Consolidated Edison of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 23, 2004
12 A.D.3d 277 (N.Y. App. Div. 2004)

Opinion

4336

November 23, 2004.

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered April 7, 2003, which granted defendants summary judgment and dismissed the complaint, unanimously affirmed, without costs.

Before: Nardelli, J.P., Saxe, Sullivan, Ellerin and Sweeny, JJ.


The second, third and fifth causes of action for breach of contract and implied contract were properly dismissed since plaintiff's employment was at will ( see Lobosco v. New York Tel. Co./NYNEX, 96 NY2d 312). Similarly, the fraud causes of action were properly dismissed as duplicative of the breach of contract causes ( see Richbell Info. Servs. v. Jupiter Partners, 309 AD2d 288, 305). The claims for tortious interference with contract and punitive damages were properly dismissed by reason of plaintiff's failure to establish sufficiently the requisite conduct ( see Huebener v. Kenyon Eckhardt, 142 AD2d 185; New York Univ. v. Continental Ins. Co., 87 NY2d 308, 315-316; cf. Mulder v. Donaldson, Lufkin Jenrette, 208 AD2d 301).


Summaries of

Grebinar v. Consolidated Edison of New York

Appellate Division of the Supreme Court of New York, First Department
Nov 23, 2004
12 A.D.3d 277 (N.Y. App. Div. 2004)
Case details for

Grebinar v. Consolidated Edison of New York

Case Details

Full title:PAUL D. GREBINAR, Appellant, v. CONSOLIDATED EDISON OF NEW YORK, INC., et…

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

Date published: Nov 23, 2004

Citations

12 A.D.3d 277 (N.Y. App. Div. 2004)
785 N.Y.S.2d 434

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