Goodman v. New York University

Appellate Division of the Supreme Court of New York

Goodman v. New York University

48 A.D.2d 891, 369 N.Y.S.2d 501, 1975 N.Y. App. Div. LEXIS 10152

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 23, 1975

StatusPublished

This text of 48 A.D.2d 891 (Goodman v. New York University) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodman v. New York University, 48 A.D.2d 891, 369 N.Y.S.2d 501, 1975 N.Y. App. Div. LEXIS 10152 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover severance pay, the defendant university appeals from so much of an order of the Supreme Court, Nassau County, dated January 30, 1975, as denied its motion for summary judgment. Order reversed insofar as appealed from, without costs, and motion granted. Plaintiff, the director of a United States Navy research project conducted at the university pursuant to successive contracts,, voluntarily transferred to California when the Government decided to terminate its arrangement with the university and to relocate the project in that State. His employment at the university was at will, so long as Government funding was available. He was not entitled, either by contractual agreement or university policy, to tenure or severance pay. This was fully set forth in the university’s by-law 73 respecting tenure, and in a memorandum with respect to severance pay, distributed to all parties concerned, including plaintiff, at the time when the fate of the contract was in the balance and before he made his choice. We find nothing of an evidentiary nature which demonstrates the existence of a triable issue of fact. The university’s motion for summary judgment should have been granted and the complaint dismissed. Gulotta, P. J., Martuscello, Christ, Brennan and Shapiro, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover severance pay, the defendant university appeals from so much of an order of the Supreme Court, Nassau County, dated January 30, 1975, as denied its motion for summary judgment. Order reversed insofar as appealed from, without costs, and motion granted. Plaintiff, the director of a United States Navy research project conducted at the university pursuant to successive contracts,, voluntarily transferred to California when the Government decided to terminate its arrangement with the university and to relocate the project in that State. His employment at the university was at will, so long as Government funding was available. He was not entitled, either by contractual agreement or university policy, to tenure or severance pay. This was fully set forth in the university’s by-law 73 respecting tenure, and in a memorandum with respect to severance pay, distributed to all parties concerned, including plaintiff, at the time when the fate of the contract was in the balance and before he made his choice. We find nothing of an evidentiary nature which demonstrates the existence of a triable issue of fact. The university’s motion for summary judgment should have been granted and the complaint dismissed. Gulotta, P. J., Martuscello, Christ, Brennan and Shapiro, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

48 A.D.2d 891, 369 N.Y.S.2d 501, 1975 N.Y. App. Div. LEXIS 10152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-new-york-university-nyappdiv-1975.