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SABETAY v. STERLING DRUG

114 A.D.2d 6 (1986)

Alexander Sabetay, Respondent-Appellant, v. Sterling Drug, Inc., Appellant-Respondent

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

January 23, 1986

Attorney(s) appearing for the Case

Alan M. Koral of counsel (Nicholas J. D'Ambrosio, Jr., with him on the brief; Vedder, Price, Kaufman, Kammholz & Day, attorneys), for appellant-respondent.

Wayne N. Outten of counsel (Lankenau, Kovner & Bickford, attorneys), for respondent-appellant.

SANDLER, J. P., ROSS and KASSAL, JJ., concur with SULLIVAN, J.; ELLERIN, J., concurs on constraint of Murphy v American Home Prods. Corp. ().

SULLIVAN, J.

At issue is the sufficiency of a complaint alleging wrongful discharge, and for which recovery is sought both in tort and contract.

Hired by defendant Sterling Drug, Inc., in 1972 without a written contract of employment, plaintiff, a director of financial projects, was discharged effective December 31, 1984, in the aftermath of the June 1983 dissolution of Sterling's Greek manufacturing facility...

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