Weintraub v. Grey Direct, Inc.

Appellate Division of the Supreme Court of New York

Weintraub v. Grey Direct, Inc.

39 A.D.3d 400, 832 N.Y.S.2d 803

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

DecidedApril 24, 2007

StatusPublished

This text of 39 A.D.3d 400 (Weintraub v. Grey Direct, Inc.) 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

Weintraub v. Grey Direct, Inc., 39 A.D.3d 400, 832 N.Y.S.2d 803 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered March 6, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted based upon the clear and unambiguous agreement pursuant to which plaintiff was employed by defendant (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162 [1990]). Contrary to plaintiff’s claims, the agreement did not preclude her reassignment and her reassignment did not constitute a constructive discharge.

We have considered plaintiffs remaining arguments and find them without merit. Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.

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Order, Supreme Court, New York County (Faviola A. Soto, J.), entered March 6, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted based upon the clear and unambiguous agreement pursuant to which plaintiff was employed by defendant (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162 [1990]). Contrary to plaintiff’s claims, the agreement did not preclude her reassignment and her reassignment did not constitute a constructive discharge.

We have considered plaintiffs remaining arguments and find them without merit. Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.

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Bluebook (online)

39 A.D.3d 400, 832 N.Y.S.2d 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weintraub-v-grey-direct-inc-nyappdiv-2007.

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