Shillingford v Garson

[*1] Shillingford v Garson 2007 NY Slip Op 51431(U) [16 Misc 3d 131(A)] Decided on July 26, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 26, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570108/07.

Ella Shillingford, Plaintiff-Appellant,

against

Joyce Garson, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered on or about August 31, 2006, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Manuel J. Mendez, J.), entered on or about August 31, 2006, affirmed, without costs.

Plaintiff could not establish reasonable reliance on any alleged misrepresentation by defendant with respect to the length of her employment inasmuch as plaintiff was an at-will employee (see Tannehill v Paul Stuart, Inc., 226 AD2d 117 [1996]). Accordingly, dismissal of the action after trial achieved "substantial justice" consistent with substantive law principles (CCA 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: July 26, 2007