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DAVIDSON v. REGAN FUND MANAGEMENT LTD.

13 A.D.3d 117 (2004)

786 N.Y.S.2d 47

MURAT H. DAVIDSON, JR., Respondent-Appellant, v. REGAN FUND MANAGEMENT LTD., Appellant-Respondent.

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

December 9, 2004.

The motion court correctly held that defendant waived its right to written termination of the employment agreement upon a record showing that defendant accepted plaintiff's verbal resignation, wished him well, was aware that he had accepted other employment and would not be returning, and gave no indication that the verbal resignation was ineffective (see O'Neil Supply Co. v Petroleum Heat & Power Co., 280 N.Y. 50, 56...

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