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HUTCHINSON v. ZURICH SCUDDER INVESTMENTS, INC.

290 A.D.2d 341 (2002)

737 N.Y.S.2d 25

PATRICIA A. HUTCHINSON, Respondent, v. ZURICH SCUDDER INVESTMENTS, INC., Formerly Known as SCUDDER KEMPER INVESTMENTS, INC., Appellant, et al., Defendants.

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

Decided January 24, 2002.

The IAS court erred in denying Scudder's motion to dismiss the breach of contract claim. Plaintiff makes no claim that she was promised employment for a fixed duration and, thus, her employment is presumed to be a hiring at will, terminable at any time by either party (see, Ferring v Merrill Lynch & Co., 244 A.D.2d 204, quoting Matter of De Petris v Union Settlement Assn., 86 N.Y.2d 406

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