Smalley v. Dreyfus Corp., 882 N.E.2d 882 (N.Y. 2008). · Go Syfert
Smalley v. Dreyfus Corp., 882 N.E.2d 882 (N.Y. 2008). Cases Citing This Book View Copy Cite
64 citation events (64 in the last 25 years) across 7 distinct courts.
Strongest positive: Flaherty v. Dixon (nysd, 2023-02-16)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Flaherty v. Dixon
S.D.N.Y. · 2023 · quote attribution · 1 verbatim quote · confidence high
in that the length of employment is not a material term of at-will employment, a party cannot be injured merely by the termination of the contract . . . .
discussed Cited as authority (rule) Drummond v. Akselrad
S.D.N.Y. · 2023 · confidence medium
That conclusion is a necessary logical corollary to the settled proposition under New York law that an employment agreement that is not for a specific duration will be considered at-will, see Horn v. New York Times, 790 N.E.2d 753, 755 (N.Y. 2003), permitting either the employer or the employee to terminate the relationship at any time for any reason or for no reason at all, see Smalley v. Dreyfus Corp., 882 N.E.2d 882, 884 (N.Y. 2008) (stating that in an at will employment agreement, “either the employer or the employee generally may terminate the at-will employment for any reason, or for n…
discussed Cited as authority (rule) McGill v. Buzzelli (2×) also: Cited "see"
2d Cir. · 2020 · confidence medium
Smalley v. Dreyfus Corp., 10 N.Y.3d 55, 58 (2008); see also Horn v. New 4 York Times, 100 N.Y.2d 85, 96 (2003) (“We have consistently declined to create a common-law tort of wrongful or abusive discharge[.]”).
cited Cited as authority (rule) McGill v. Buzzelli
W.D.N.Y. · 2020 · confidence medium
Smalley v. Dreyfus Corp., 882 N.E.2d 882, 884 (N.Y. 2008).
discussed Cited as authority (rule) Coyle v. College of Westchester, Inc.
N.Y. App. Div. · 2018 · confidence medium
"New York law is clear that absent a constitutionally impermissible purpose, a statutory proscription, or an express limitation in the individual contract of employment, an employer's right at any time to terminate an employment at will remains unimpaired," and the Court of Appeals has "repeatedly refused to recognize exceptions to, or pathways around, these principles" ( Smalley v Dreyfus Corp. , 10 NY3d 55, 58 [internal quotation marks omitted]).
discussed Cited as authority (rule) Andersen v. Maines Food & Paper Service, Inc.
N.Y. App. Div. · 2017 · confidence medium
Even assuming, without deciding, that such representations were actually made by defendant, as at-will employees, plaintiffs cannot maintain a viable fraudulent inducement claim on the basis of having reasonably relied upon a promise not to terminate their employment (see Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]; Hobler v Hussain, 111 AD3d 1006, 1007 [2013]).
discussed Cited as authority (rule) Webb v. Greater New York Automobile Dealers Ass'n (2×) also: Cited "see"
N.Y. App. Div. · 2016 · confidence medium
The Supreme Court properly directed the dismissal of the second cause of action, which alleged breach of contract based on the plaintiff’s alleged constructive discharge, as, according to the amended complaint, the plaintiff was an employee at will (see Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008]; Hefter v Elderserve Health, Inc., 134 AD3d 673, 674 [2015]; Minovici v Belkin BV, 109 AD3d 520, 522-523 [2013]; Braddock v Brad *1138 dock, 60 AD3d 84, 96 [2009]).
discussed Cited as authority (rule) Laduzinski v. Alvarez & Marsal Taxand LLC (2×)
N.Y. App. Div. · 2015 · confidence medium
The motion court erred in finding that plaintiff’s at-will employment status precluded an action for fraudulent inducement. *168 An at-will employee, who has been terminated, cannot state a fraudulent inducement claim on the basis of having relied upon the employer’s promise not to terminate the contract (Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]), or upon any representations of future intentions as to the duration or security of his employment (see Meyercord v Curry, 38 AD3d 315 [1st Dept 2007]; Hobler v Hussain, 111 AD3d 1006 [3d Dept 2013]).
discussed Cited as authority (rule) Kinsella v. Powerguard Specialty Insurance Services, LLC
N.Y. App. Div. · 2013 · confidence medium
Plaintiff failed to sufficiently allege reasonable reliance and damages separate from his termination from PowerGuard, his at-will employer, so as to state a claim for fraud in the inducement against it (see Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]; Arias v Women in Need, 274 AD2d 353 [1st Dept 2000]).
discussed Cited as authority (rule) Kinsella v. Powerguard Specialty Insurance Services, LLC
N.Y. App. Div. · 2013 · confidence medium
Plaintiff failed to sufficiently allege reasonable reliance and damages separate from his termination from PowerGuard, his at-will employer, so as to state a claim for fraud in the inducement against it (see Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]; Arias v Women in Need, 274 AD2d 353 [1st Dept 2000]).
discussed Cited as authority (rule) Hobler v. Hussain
N.Y. App. Div. · 2013 · confidence medium
Moreover, contrary to plaintiffs contention, “[a]bsent injury independent of termination, plaintiff! ] cannot recover damages for what is at bottom an alleged breach of contract in the guise of a tort” (Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]; compare Stewart v Jackson & Nash, 976 F2d 86, 88 [1992]).
discussed Cited as authority (rule) Hobler v. Hussain
N.Y. App. Div. · 2013 · confidence medium
Moreover, contrary to plaintiffs contention, “[a]bsent injury independent of termination, plaintiff! ] cannot recover damages for what is at bottom an alleged breach of contract in the guise of a tort” (Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]; compare Stewart v Jackson & Nash, 976 F2d 86, 88 [1992]).
discussed Cited as authority (rule) Kaefer v. New York State Office of Parks
N.Y. App. Div. · 2012 · confidence medium
Since, absent a constitutionally impermissible purpose, under New York law, an employer may terminate an at-will employee at any time, for any reason, or for no reason (see Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008]; Murphy v American Home Prods.
discussed Cited as authority (rule) Kaefer v. New York State Office of Parks
N.Y. App. Div. · 2012 · confidence medium
Since, absent a constitutionally impermissible purpose, under New York law, an employer may terminate an at-will employee at any time, for any reason, or for no reason (see Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008]; Murphy v American Home Prods.
discussed Cited as authority (rule) LaSalle v. Board of Education
N.Y. App. Div. · 2011 · confidence medium
“New York law is clear that absent ‘a constitutionally impermissible purpose, a statutory proscription, or an express limitation in the individual contract of employment, an employer’s right at any time to terminate an employment at will remains unimpaired.’ Thus, either "the employer or the employee generally may terminate the at-will employment for any reason, or for no reason” (Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008] [citation omitted], quoting Murphy v American Home Prods.
cited Cited as authority (rule) Devany v. Brockway Development, LLC
N.Y. App. Div. · 2010 · confidence medium
As an at-will employee, she cannot recover damages based upon the termination of her employment (see Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008]; Murphy v American Home Prods.
discussed Cited as authority (rule) Epifani v. Johnson
N.Y. App. Div. · 2009 · confidence medium
“New York law is clear that absent ‘a constitutionally impermissible purpose, a statutory proscription, or an express limitation in the individual contract of employment, an employer’s right at any time to terminate an employment at will remains unimpaired’ ” (Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008], quoting Murphy v American Home Prods.
discussed Cited as authority (rule) JCS Controls, Inc. v. Stacey
N.Y. App. Div. · 2008 · confidence medium
Here, the terms of the March 1998 employment agreement were set forth in a document that expressly states that it is “to act as a binding Employment Agreement.” The record thus establishes that defendant sustained “injuries] separate and distinct from termination of [his] at-will employment” (Smalley v Dreyfus Corp., 10 NY3d 55, 59 [2008], rearg denied 10 NY3d 852 [2008]), i.e., he never received an equity stake, nor was he paid all of the bonuses to which he was entitled, pursuant to the terms of the March 1998 employment agreement.
cited Cited "see" Meraki NYC, LLC v. Iervasi
N.Y. App. Div. · 2023 · signal: see · confidence high
Co., Inc. , 73 AD3d 714, 715 ; see Smalley v Dreyfus Corp. , 10 NY3d 55, 58 ).
discussed Cited "see" Wood v. Mike Bloomberg 2020, Inc.
2d Cir. · 2023 · signal: see · confidence high
See Smalley v. Dreyfus Corp., 882 N.E.2d 882, 884 (N.Y. 2008) (affirming dismissal of at-will employees’ fraudulent inducement claims because they cannot reasonably rely on employer’s promise not to terminate); Berger v. Roosevelt Inv.
cited Cited "see" Babalola v. Terry Vegetarian, LLC
N.Y. App. Div. · 2021 · signal: see · confidence high
Bank , 236 AD2d 436, 436 ; see Smalley v Dreyfus Corp. , 10 NY3d 55, 58 ; Minovici v Belkin BV , 109 AD3d 520, 522 ).
cited Cited "see" Minovici v. Belkin BV
N.Y. App. Div. · 2013 · signal: see · confidence high
Co., Inc., 73 AD3d 714, 715 [2010]; see Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008]; Horn v New York Times, 100 NY2d 85, 90-91 [2003]).
cited Cited "see" Minovici v. Belkin BV
N.Y. App. Div. · 2013 · signal: see · confidence high
Co., Inc., 73 AD3d 714, 715 [2010]; see Smalley v Dreyfus Corp., 10 NY3d 55, 58 [2008]; Horn v New York Times, 100 NY2d 85, 90-91 [2003]).
discussed Cited "see, e.g." Araujo v. Macaire
S.D.N.Y. · 2020 · signal: see also · confidence medium
Under New York common law, “[a]bsent an agreement establishing a fixed duration, an employment relationship in New York is presumed to be a hiring at will, terminable at any time by either party.” De Petris v. Union Settlement Ass’n, 86N.Y.2d 406, 410 (1995); see also Smalley v. Dreyfus Corp., 10 N.Y.3d 55, 58 (2008)(“New York law is clear that absent ‘a constitutionally impermissible purpose, a statutory proscription, or an express limitation in the individual contract of employment, an employer’s right at any time to terminate an employment at will remains unimpaired.’” (quot…
Retrieving the full opinion text from the archive…
Kenneth D. Smalley Et Al., Respondents,
v.
the Dreyfus Corporation Et Al., Appellants
New York Court of Appeals.
Feb 12, 2008.
882 N.E.2d 882
POINTS OF COUNSEL, Reed Smith LLP, New York City (Gil Feder, Paul P. Rooney and Lance Gotthoffer of counsel), for appellants., The Law Offices of Neal Brickman, P.C., New York City (Neal Brickman and Melinda M. Dus of counsel), for respondents.
Kaye.
Cited by 36 opinions  |  Published

OPINION OF THE COURT

Chief Judge Kaye.

Five at-will employees sued their former employer, the Dreyfus Corporation, for fraudulent inducement to enter into and remain in the employment of Dreyfus. We conclude that these plaintiffs have not stated a cause of action.

As alleged in the amended complaint, in January 2001, plaintiff Gerald Thunelius, then the director of Dreyfus’ Taxable Fixed Income Group (TFIG), heard a rumor that Mellon Financial Corporation, Dreyfus’ parent corporation, had made an offer to acquire the fund management company of Standish, Ayer & Wood. When asked, Dreyfus’ chief executive officer (CEO) told Thunelius that no merger had occurred or was being considered. Relying on those assurances, plaintiff Martin Fetherston in December 2000 accepted employment in the TFIG. Mellon acquired Standish in March 2001. Between 2001 and 2004, Thunelius repeatedly asked Dreyfus’ officers whether there were plans to merge the TFIG with Standish, and they denied any planned merger. During these years, plaintiffs Kenneth Smalley, Darlene Haut and Michael Allen allege that they accepted jobs with the TFIG in reliance on the denials by Dreyfus’ officers. [1]

The amended complaint continues that in April 2004, Dreyfus’ CEO told the TFIG that any merger of the group into[*58] Standish was “off the table,” and that the group would remain intact for at least another year. By early fall 2004, merger rumors resurfaced, which at the time Dreyfus’ officers refused to confirm or deny. In late 2004, the two groups merged, and in February 2005—four years after the alleged merger discussions began—Dreyfus fired every member of the TFIG.

The five sued Dreyfus [2] in Supreme Court, asserting several causes of action, only one of which—fraudulent inducement— remains relevant. The court dismissed the entire complaint noting that at-will employees cannot reasonably rely upon their employers’ promises of continued employment, and that these employees failed to allege injuries apart from their termination. The Appellate Division, four-one, modified Supreme Court’s order by reinstating the fraudulent inducement claim, concluding that Dreyfus misrepresented a present material fact and that the plaintiffs alleged injuries distinct from termination; the fifth Justice would have dismissed the entire complaint. We now reverse.

New York law is clear that absent “a constitutionally impermissible purpose, a statutory proscription, or an express limitation in the individual contract of employment, an employer’s right at any time to terminate an employment at will remains unimpaired” (Murphy v American Home Prods. Corp., 58 NY2d 293, 305 [1983]). Thus, either the employer or the employee generally may terminate the at-will employment for any reason, or for no reason. In the decades since Murphy, we have repeatedly refused to recognize exceptions to, or pathways around, these principles (see Horn v New York Times, 100 NY2d 85 [2003]; Ingle v Glamore Motor Sales, 73 NY2d 183 [1989]; Sabetay v Sterling Drug, 69 NY2d 329 [1987]; see also Weiner v McGraw-Hill, Inc., 57 NY2d 458 [1982]).

Relying on a decision of the United States Court of Appeals for the Second Circuit—Stewart v Jackson & Nash (976 F2d 86 [2d Cir 1992])—plaintiffs urge that theirs is not a breach of contract case, but rather a legally cognizable tort claim, for fraudulent inducement.

In Stewart, defendant law firm recruited an environmental law attorney (plaintiff Victoria Stewart), telling her that it had secured a large environmental law client, that she would work[*59] on that client’s matters and that the firm was establishing an environmental law department, which she would head. When Stewart arrived at the firm, however, she learned that the firm was still trying to secure the client, and she performed only general litigation work. The firm later terminated her employment, and she brought suit for damages. Reversing the United States District Court, the Second Circuit denied the law firm’s motion to dismiss Stewart’s fraudulent inducement claim both because the firm’s promises concerning the environmental law client and department were misstatements of present fact, and because the alleged injuries—thwarting her professional objective to specialize in environmental law, and damaging her career potential—occurred well before plaintiffs termination and were unrelated to it.

Without adopting or rejecting the Second Circuit’s rationale, we note that Stewart is fundamentally different from the case now before us. The core of plaintiffs’ claim is that they reasonably relied on no-merger promises in accepting and continuing employment with Dreyfus, and in eschewing other job opportunities. Thus, unlike Stewart, plaintiffs alleged no injury separate and distinct from termination of their at-will employment. [3] In that the length of employment is not a material term of at-will employment, a party cannot be injured merely by the termination of the contract—neither party can be said to have reasonably relied upon the other’s promise not to terminate the contract. Absent injury independent of termination, plaintiffs cannot recover damages for what is at bottom an alleged breach of contract in the guise of a tort.

Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, defendants’ motion to dismiss the complaint in its entirety granted and the certified question answered in the negative.

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order, insofar as appealed from, reversed, etc.

1

. Plaintiffs concede that they were at-will employees. The employment contract each plaintiff signed with Mellon stated: “I understand that such employment will be for an indefinite period and may be terminated at any time, with or without notice.” None of their contracts referenced any alleged merger plans.

2

. “Dreyfus” refers to all of the defendants, including Dreyfus’ chief executive officer, chief investment officer, Mellon Financial Corporation (Dreyfus’ parent corporation) and Mellon’s chairman.

3

. We need not and do not reach the additional question whether the alleged representations regarding the no-merger “plans” were existing fact or future intent.