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SPIVAK v. J. WALTER THOMPSON U.S.A., INC.

258 A.D.2d 364 (1999)

685 N.Y.S.2d 247

HELAYNE SPIVAK, Appellant-Respondent, v. J. WALTER THOMPSON U.S.A., INC., et al., Respondents-Appellants.

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

Decided February 18, 1999.

Since plaintiff was, pursuant to the unambiguous language of paragraphs four and five of her agreement with defendants setting forth the terms of her employment, an at-will employee, her causes of action for breach of contract and constructive discharge were properly deemed untenable by the motion court (see, Matter of De Petris v Union Settlement Assn., 86 N.Y.2d 406).

The complaint, however, sufficiently pleaded a cause...

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