Reale v. International Business Machines Corp.
| Decision Date | 13 May 1971 |
| Parties | , 271 N.E.2d 565 Gene REALE, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, First Department, 34 A.D.2d 936, 311 N.Y.S.2d 767. Carrow, Bernson, Hoeniger, Freitag & Abbey, New York City (James Allan Bernson, New York City, of counsel), for plaintiff-appellant.
Cravath, Swaine & Moore, New York City (John R. Hupper, Richard M. Sharfman, New York City, of counsel), for defendants-respondents.
A former salesman brought an action against former employer claiming malicious and wrongful termination of his employment. The Supreme Court, Special Term, Harold Baer, J., denied the employer's motion for summary judgment. The employer appealed.
The Appellate Division reversed the order and dismissed the complaint. It held that the employee could not recover where he did not have an employment contract for any agreed term and where he failed to demonstrate exclusive malicious motivation for the acts of the employer. The employee appealed.
In the Court of Appeals the employee claimed that sufficient issues were raised to require a trial on the merits and the claims were not barred by the statute of limitations. The employer contended that summary judgment was properly granted and that any recovery for damages to former employee's reputation caused by pre-discharge acts was time barred.
Order affirmed, with costs, on the opinion at the Appellate Division.
All concur.
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...to establish that he has a case." Reale v. IBM Corp., 34 A.D.2d 936, 311 N.Y.S.2d 767, 768-769 (1970) aff'd, 28 N.Y.2d 912, 322 N.Y.S.2d 735, 271 N.E.2d 565 (1971) (emphasis added). Reale, however, involved a motion for summary judgment rather than a motion to dismiss. While plaintiffs are ......
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