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Paul D. GREBINAR, Plaintiff-Appellant, v. CONSOLIDATED EDISON OF NEW YORK, INC., et al., Defendants-Respondents.
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.
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 N.Y.2d 312, 727 N.Y.S.2d 383, 751 N.E.2d 462 [2001] ). 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 A.D.2d 288, 305, 765 N.Y.S.2d 575 [2003] ). 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 A.D.2d 185, 534 N.Y.S.2d 952 [1988]; New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 315-316, 639 N.Y.S.2d 283, 662 N.E.2d 763 [1995]; cf. Mulder v. Donaldson, Lufkin & Jenrette, 208 A.D.2d 301, 623 N.Y.S.2d 560 [1995] ).
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Decided: November 23, 2004
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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