[DOWNLOAD] "Ralph Laiken Et Al. v. American Bank & Trust Company Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free

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• Title: Ralph Laiken Et Al. v. American Bank & Trust Company Et Al.
• Author : Supreme Court of New York
• Release Date : January 02, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

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The plaintiffs-respondents were employees at will. As such, the bank could terminate their employment at any time and for
any reason or for no reason. (Town & Country House & Home Serv. v. Newberry, 3 N.Y.2d 554, 561; Watson v. Gugino,
204 N. Y. 535.) Moreover, these causes of action allege that plaintiffs-respondents resigned under protest on the threat of
having their services terminated. Having resigned, the plaintiffs-respondents may not seek damages by reason of the termination
of their services. (Levitz v. Robbins Music Corp., 6 A.D.2d 1027.) Since the discharge gave rise to no claim against the bank,
there is no claim against the individual defendants, the bank's employees, for causing the discharge. With reference to the
third and fourth causes of action, there is no attempt to set forth the slanders in haec verba. The complaint in an action
for slander is required to state in haec verba the words used. This requirement is strictly enforced and the exact words must
be set forth. (Gardner v. Alexander Rent-A-Car, 28 A.D.2d 667.) Accordingly the third and fourth causes of action are dismissed
without prejudice to an application made on proper papers at Special Term for leave to replead. (See Cyg-Knit Mills v. Denton
Sleeping Garment Mills, 26 A.D.2d 800; Andlou Props. v. Grayck, 24 A.D.2d 716; Cushman & Wakefield v. John David, Inc.,
23 A.D.2d 827; 25 A.D.2d 133; CPLR 3025, subd. [b]; 3211, subd. [e].) Disposition Order entered September 16, 1969, denying
motion to dismiss four causes of action of the complaint pursuant to CPLR 3211 (subd. [a], par. 7), unanimously reversed on
the law, with $50 costs and disbursements to the appellants, and the motion is granted to the following extent. The first
and second causes of action are dismissed.

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