58 N.Y.2d 293 (1983)

Joseph Murphy, Appellant, v. American Home Products Corporation, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1983.

Attorney(s) appearing for the Case

Melvyn I. Weiss, Richard M. Meyer and Jeremy Heisler for appellant.

Samuel W. Murphy, Jr., Paul A. Crotty and David L. Suggs for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, FUCHSBERG and SIMONS concur with Judge JONES; Judge MEYER dissents in part and votes to further modify by reinstating the fourth cause of action in a separate opinion.


This court has not and does not now recognize a cause of action in tort for abusive or wrongful discharge of an employee; such recognition must await action of the Legislature. Nor does the complaint here state a cause of action for intentional infliction of emotional distress, for prima facie tort, or for breach of contract. These causes of action were, therefore, properly dismissed. Appellant's cause...

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