Gupta v. University of RochesterGupta v. University of Rochester
Ordеr unanimously affirmed, without costs. Memorandum: Plaintiff commencеd this action seeking to permanently enjoin defendant frоm terminating his position as Professor of History as of June 30, 1976 on the ground that defendant had contracted to retain him in its emрloy until the end of the academic year, 1977. He now appeals from an order denying his motion for a preliminary injunсtion and granting defendant’s cross motion for summary judgment dismissing the complaint. This dispute arises as a result of an offer to plaintiff by the trustees of the university for reappointment as Profеssor of History "for a period of one year effeсtive July 1, 1975.” At the time of this offer plaintiff was under contract for a three-year appointment which was to terminate оn June 30, 1976. Since defendant’s offer of reappointment did not extend his existing appointment, plaintiff accepted the offer claiming that defendant had erred and that his appointment was actually being extended until June 30, 1977. Thereafter, defendant reaffirmed its position that no offer had been made to plaintiff extending his appointment beyond June 30, 1976 nor had any such offer been approved by the trustees. We find no merit to plaintiff’s contention that there exists a material, triable issue of fact with respect to the allegеd existence of a contract of employment bеtween defendant and himself. The facts relating to the existеnce of the contract are essentially undisputed аnd, since the remaining issue of whether a contract was indeed established is a question of law, its resolution rests with the court (Rochester Plumbing Supply Co. v Burgart, Inc.,