105 A.D.2d 636 | N.Y. App. Div. | 1984
Order of the Supreme Court, New York County (Louis Kaplan, J.), entered on March 1, 1984, which, inter alia, granted defendants’ motion for summary judgment to the extent of dismissing the first, second, third and fourth causes of action and dismissing the seventh cause of action, with leave to replead, is modified, on the law, to the extent of granting defendants’ motion for summary judgment dismissing the fifth, sixth and seventh causes of action, without leave to replead and otherwise affirmed, with costs and disbursements.
Plaintiff, who was initially hired by Security National Bank, automatically became an employee of Chemical Bank during its takeover of Security National Bank in January of 1975. He was subsequently promoted to officer’s assistant at Chemical’s money department in Melville, New York. In September of 1980, he received two warnings from his supervisor following an incident in which his subordinates allegedly gave a bag containing a substantial amount of money to the wrong party (although the money was later returned), and he was ultimately terminated in September of 1982 for gross negligence and failure to follow established procedures. The instant action for wrongful discharge ensued. Plaintiff’s complaint alleges seven causes of action, the first four of which were dismissed by Special Term, and the seventh was dismissed with leave to replead.
The fifth cause of action claims that during the course of plaintiff’s employment, defendant Chemical Bank intentionally fostered plaintiff’s reasonable expectation that his continued employment would be available absent good cause shown for termination and that plaintiff relied thereon to his detriment by not seeking work elsewhere. The sixth cause of action states that plaintiff’s oral employment contract contained a progressive discipline provision intended to accord employees a reasonable opportunity to improve their purportedly unacceptable conduct and that Chemical Bank breached its agreement with
The court in Patrowich (supra) proceeded to distinguish Weiner v McGraw-Hill, Inc. (57 NY2d 458), wherein the employer’s manual expressly stated that an employee enjoyed permanent job security and could only be discharged for just cause. The Chemical Bank manual, on the other hand, the court pointed out, contains no language limiting termination solely for good cause shown. The fact that the plaintiff therein may have relied upon the manual was insufficient to bring it within the ambit of Weiner v McGraw-Hill, Inc. (supra), since no details had been supplied to demonstrate such reliance. According to the court, conclusory statements as to reliance cannot defeat a motion for summary judgment.
As was the situation in Patrowich v Chemical Bank (supra), the plaintiff in the matter before us does not assert that he had a formal written employment contract, nor is there any indication that he was other than an employee-at-will. Indeed, his claim is scarcely distinguishable from that advanced in Patrowich and found by the court therein to be inadequate to establish a viable cause of action. (See, also, Gould v Community Health Plan, 99 AD2d 479.) It is, moreover, well settled that New York does not