ROONEY v. TYSON


91 N.Y.2d 685 (1998)

697 N.E.2d 571

674 N.Y.S.2d 616

Kevin Rooney, Plaintiff, v. Michael G. Tyson, Defendant.

Court of Appeals of the State of New York.

Decided June 4, 1998.


Attorney(s) appearing for the Case

Michael J. Coyle, New York City, for plaintiff.

Paul, Hastings, Janofsky & Walker, L. L. P., New York City (Lawrence I. Weinstein, Charles B. Ortner and Kevin J. Perra of counsel), for defendant.

Proskauer Rose, L. L. P., New York City (Stephen Rackow Kaye, Gregory S. McCurdy and Brian M. Cooper of counsel), for Barney's, Inc., amicus curiae.

Judges LEVINE, CIPARICK and WESLEY concur with Judge BELLACOSA; Judge SMITH dissents and answers the certified question by stating that the purported contractual language indicates employment of indefinite duration which merely raises a rebuttable presumption under the at-will rule, in a separate opinion; Chief Judge KAYE and Judge TITONE taking no part.


BELLACOSA, J.

A precise issue in this Federal case is certified to this Court by the United States Court of Appeals for the Second Circuit. We are asked to provide an authoritative statement on the threshold question of whether an oral personal services contract between a fight trainer and a boxer to last "for as long as the boxer fights professionally" provides a definite legally cognizable duration. Conversely...

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