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SUSMAN v. COMMERZBANK CAPITAL MARKETS CORPORATION

Nos. 7627, 650654/11.

95 A.D.3d 589 (2012)

945 N.Y.S.2d 5

2012 NY Slip Op 3750

JAY SUSMAN, Appellant, v. COMMERZBANK CAPITAL MARKETS CORPORATION et al., Respondents.

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

Decided May 10, 2012.

Supreme Court properly dismissed the first cause of action for breach of contract since the documentary evidence conclusively established that plaintiff was an at-will employee and thus defendants were authorized to terminate his employment at any time for any reason, or for no reason (see Smalley v Dreyfus Corp., 10 N.Y.3d 55 [2008]). Plaintiff argues that his agreement was modified by various oral assurances, which were confirmed...

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