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Skibinski v Collezion
2003 NY Slip Op 51667(U)
Decided on December 19, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 19, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and RIOS, JJ.
NO. 2002-73 Q C

ELENA SKIBINSKI, Appellant, HMA/

against

JULIANE COLLEZIONE and BONNIE SPITALNICK-GROSSMAN Respondents.


Appeal by plaintiff from a judgment of the Civil Court, Queens County (J. Golia, J.), dated October 12, 2001, which dismissed her complaint.


Judgment unanimously affirmed without costs.

The complaint set forth causes of action sounding in wrongful termination, fraud and defamation, and sought punitive damages. It is well settled that when employment is for an indefinite term, the employee is considered to be an employee at-will, and that such employment may be terminated by either party for any reason or no reason at all (see Sabetay v Sterling Drug, 69 NY2d 329, 333 [1987]; Murphy v American Home Prods. Corp., 58 NY2d 293, 300 [1983]). The plaintiff admitted that there was no written contract of employment, the job was not for a specified duration and she did not accept employment on the condition that she could only be discharged for cause. Therefore, plaintiff was an at-will employee and these circumstances do not give rise to a cause of action for wrongful termination (see Civiletti v Independence Sav. Bank, 236 AD2d 436 [1997]; Mayer v Publishers Clearing House, 205 AD2d 506, 507 [1994]; Lerman v Medical Assocs. of Woodhull, 160 AD2d 838, 839 [1990]). Plaintiffs remaining contentions are without merit and the lower court properly dismissed the complaint.
Decision Date: December 19, 2003