| Hendrickson v Choice Courier |
| 2005 NY Slip Op 51649(U) [9 Misc 3d 133(A)] |
| Decided on October 18, 2005 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County, entered November 21, 2003 (Delores J. Thomas, J.) which granted defendant's motion to dismiss the complaint for failure to state a cause of action.
PER CURIAM:
Order entered November 21, 2003 (Dolores J. Thomas, J.) affirmed, without costs.
Plaintiff was hired as a messenger, and his employment was terminated ostensibly for unsatisfactory job performance. "[A]bsent an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party" (Sabetay v Sterling Drug, 69 NY2d 329, 333 [1987]). Inasmuch as plaintiff was hired for an indefinite term, he was an employee at will, giving defendant an unfettered right to terminate the employment at any time (Murphy v American Home Prods. Corp., 58 NY2d 293, 304-305 [1983]).
This constitutes the decision and order of the Court.
I concur