Marino v. Vunk, 39 A.D.3d 339 (N.Y. App. Div. 2007). · Go Syfert
Marino v. Vunk, 39 A.D.3d 339 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Thor Gateway I & II, LLC v. Greater Omentum & Lawrence Harlem Foods LLC (nysupctnewyork, 2025-04-09)
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Thor Gateway I & II, LLC v. Greater Omentum & Lawrence Harlem Foods LLC
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Accordingly, plaintiff has failed to sustain a cause of action for breach of contract (Marino v Vunk, 39 AD3d 339, 340 [1st Dept 2007]).
discussed Cited as authority (rule) Dworkin Constr. Corp (USA) v. Consolidated Edison Co. of N.Y., Inc.
N.Y. App. Div. · 2021 · confidence medium
The amended complaint did not plead existence of an agreement for the provision of the requested services within plaintiff's project timeline ( see Mandarin Trading Ltd. v Wildenstein , 16 NY3d 173, 181-182 [2011]; Marino v Vunk , 39 AD3d 339, 340 [1st Dept 2007]).
discussed Cited as authority (rule) Conklin v. Laxen
N.Y. App. Div. · 2020 · confidence medium
In such cases, the plaintiff is required to show: (1) the existence of a business relationship between the plaintiff and a third party; (2) the defendants' interference with that business relationship; (3) that the defendants acted with the sole purpose of harming plaintiff or used dishonest, unfair, improper or illegal means that amounted to a crime or an independent tort; and (4) that such acts resulted in the injury to the plaintiff's relationship with the third party" ( McHenry v Lawrence , 66 AD3d 650 , 651 [2d Dept [*2]2009], lv denied 15 NY3d 703 [2010] [internal quotation marks omitted…
cited Cited as authority (rule) Presler v. Domestic & Foreign Missionary Society of the Protestant Episcopal Church in the United States
N.Y. App. Div. · 2014 · confidence medium
As such, neither the employer nor its employees could be liable for tortiously interfering with plaintiffs employment contract (Marino v Vunk, 39 AD3d 339, 340-341 [1st Dept 2007]).
cited Cited as authority (rule) Presler v. Domestic & Foreign Missionary Society of the Protestant Episcopal Church in the United States
N.Y. App. Div. · 2014 · confidence medium
As such, neither the employer nor its employees could be liable for tortiously interfering with plaintiffs employment contract (Marino v Vunk, 39 AD3d 339, 340-341 [1st Dept 2007]).
discussed Cited as authority (rule) Steinberg v. Schnapp
N.Y. App. Div. · 2010 · confidence medium
As an at-will employee Steinberg may not “evade the employment-at-will rule by recasting [his] cause of action in the garb of tortious interference with [his] employment” (Marino v Vunk, 39 AD3d 339, 340 [2007], citing Ingle v Glamore Motor Sales, 73 NY2d 183, 189 [1989]), particularly in the absence of any support in the record for his contention that Schnapp resorted to “the requisite unlawful means or malicious intent to sustain such a claim” (Interweb, Inc. v iPayment, Inc., 12 AD3d 164 , 165 [2004], lv dismissed 4 NY3d 776 [2005]; see also Snyder v Sony Music Entertainment, 252 AD…
discussed Cited as authority (rule) McHenry v. Lawrence
N.Y. App. Div. · 2009 · confidence medium
Contrary to the plaintiffs contention, the complaint consisted only of bare legal conclusions and conclusory allegations that the defendants acted with malice, which, without more, were insufficient to place their actions outside of the scope of their own employment (see Marino v Vunk, 39 AD3d 339, 340-341 [2007]; Negron v JP Morgan Chasel/Chase Manhattan Bank, 14 AD3d 673 [2005]).
discussed Cited as authority (rule) Barcellos v. Robbins (2×)
N.Y. App. Div. · 2008 · confidence medium
Absent injury independent of termination, the plaintiff cannot recover damages for what is, in essence, an alleged wrongful discharge claim in the guise of a tort claim against her fellow employees and supervisor (see Smalley v Dreyfus Corp., 10 NY3d 55 [2008]; Ingle v Glamore Motor Sales, 73 NY2d 183 [1989]; Marino v Vunk, 39 AD3d 339, 340 [2007]).
Retrieving the full opinion text from the archive…
Felicia Marino
v.
Marthe Vunk
Appellate Division of the Supreme Court of the State of New York.
Apr 17, 2007.
39 A.D.3d 339
Cited by 8 opinions  |  Published

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered February 28, 2006, which, to the extent appealed from as limited by the brief, granted defendants’ motion to dismiss the second and third causes of action for failure to state a cause of action, unanimously affirmed, without costs.

The second cause of action of the amended complaint alleges that defendant Avon Froducts breached the terms of plaintiff s employment agreement by failing to pay plaintiff for wages she allegedly lost as a result of company policy violations by defendants Vunk and Florez. In support of this claim, plaintiff[*340] alleged nothing more than a vague, informal company policy prohibiting district sales representatives from encroaching upon each other’s districts, and soliciting and appointing representatives from another sales manager’s district. In support of her claim, plaintiff submits no documentation evidencing that such a policy indeed exists. In addition, plaintiff fails to allege that Avon was bound by this alleged policy, or what Avon promised to do regarding enforcement of this policy, such as by compensating the sales manager allegedly victimized by the improper encroachment. Vague and conclusory allegations are insufficient to sustain a breach of contract cause of action (Gordon v Dino De Laurentiis Corp., 141 AD2d 435, 436 [1988]). Since plaintiff failed to allege the existence of any contract entitling her to the unspecified compensation she claims to have been denied, or the precise terms thereof, her second cause of action was properly dismissed (see McEntee v Van Cleef & Arpels, 166 AD2d 359, 360 [1990]).

The third cause of action alleges tortious interference by defendants Vunk and Florez with plaintiffs employment relationship with Avon by maliciously lying about plaintiffs actions, resulting in the termination of her employment. Although this cause was timely commenced, given that the gravamen of the claim is defendants’ interference with an existing employment relationship and is thus governed by a three-year statute of limitations (see Mannix Indus. v Antonucci, 191 AD2d 482 [1993], lv dismissed 82 NY2d 846 [1993]), plaintiff has failed to plead a viable claim.

It is undisputed that plaintiff was an at-will employee of Avon. Her employment may thus be freely terminated at any time for any reason or even for no reason (see Murphy v American Home Prods. Corp., 58 NY2d 293 [1983]). Plaintiff cannot be allowed to evade the employment-at-will rule by recasting her cause of action in the garb of tortious interference with her employment (Ingle v Glamore Motor Sales, 73 NY2d 183, 189 [1989]). Moreover, where, as here, the individual defendants are coemployees of plaintiff, in order for a claim of tortious interference with an employment relationship to lie, it must be alleged that defendant coemployees acted outside the scope of their authority (Kosson v “Algaze”, 203 AD2d 112, 113 [1994], affd 84 NY2d 1019 [1995]). Here, the individual defendants acted within the scope of their employment by bringing to the attention of Avon management certain actions taken by plaintiff with regard to a restructuring process of Avon’s sales force. Plaintiffs conclusory allegations that the individual defendants acted with malice, without more, are insufficient to place their actions outside of[*341] the scope of their employment. Concur—Tom, J.P., Mazzarelli, Friedman, Williams and Sweeny, JJ.