Matsumura v Smart LLC

Matsumura v Smart LLC 2012 NY Slip Op 07872 Decided on November 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 20, 2012
Tom, J.P., Andrias, Saxe, Acosta, Freedman, JJ.
8605 600197/10

[*1]Miles Matsumura, Plaintiff-Respondent,

v

Smart LLC, etc., et al., Defendants-Appellants.




Fox Rothschild LLP, New York (Brian D. Sullivan of counsel),
for appellants.
Ahmad Naqvi Rodriguez, LLP, New York (Christine A.
Rodriguez of counsel), for respondent.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered on or about March 23, 2011, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The e-mails that are plaintiff's sole support for his contention that he was employed by defendants pursuant to a five-year contract fail to establish a contract for a fixed period of time (see TSR Consulting Servs. v Steinhouse, 267 AD2d 25 [1st Dept 1999]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 20, 2012

CLERK