Barstow v. Jamestown Area Chamber of Commerce

Appellate Division of the Supreme Court of New York

Barstow v. Jamestown Area Chamber of Commerce

119 A.D.2d 980, 500 N.Y.S.2d 1017, 1986 N.Y. App. Div. LEXIS 55905

Appellate Division of the Supreme Court of the State of New York·Decided April 4, 1986·Published

Opinion

— Order unanimously affirmed, with costs, for reasons stated at Special Term, Adams, J. Memorandum: We add only that since plaintiff may maintain an action for breach of contract, the wrongful discharge action must fail since plaintiff neglected to allege a breach of a duty separate and distinct from the breach of the contract (see, Charles v Onondaga Community Coll., 69 AD2d 144, 146; see also, Wegman v Dairylea Coop., 50 AD2d 108, 112). (Appeal from order of Supreme Court, Chautauqua County, Adams, J. —dismiss cause of action.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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— Order unanimously affirmed, with costs, for reasons stated at Special Term, Adams, J. Memorandum: We add only that since plaintiff may maintain an action for breach of contract, the wrongful discharge action must fail since plaintiff neglected to allege a breach of a duty separate and distinct from the breach of the contract (see, Charles v Onondaga Community Coll., 69 AD2d 144, 146; see also, Wegman v Dairylea Coop., 50 AD2d 108, 112). (Appeal from order of Supreme Court, Chautauqua County, Adams, J. —dismiss cause of action.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

Barstow v. Jamestown Area Chamber of Commerce, 119 A.D.2d 980, 500 N.Y.S.2d 1017, 1986 N.Y. App. Div. LEXIS 55905 (N.Y. Ct. App. 1986).

Pincite

119 A.D.2d 980 (Barstow v. Jamestown Area Chamber of Commerce) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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