KIMBLE v. DELL BROAD. CORP.


188 A.D.2d 1035 (1992)

Russell S. Kimble, Respondent, v. Dell Broadcasting Corp., Appellant

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

December 30, 1992


Order unanimously affirmed with costs.

Memorandum:

The IAS Court properly granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment. Plaintiff's participation in a partnership that intended to apply for a license for a radio station did not constitute a breach of the employment contract; therefore, his subsequent termination, based solely on that participation, constituted a wrongful discharge. The employment...

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