Citation Numbers: 84 A.D.3d 1342, 924 N.Y.S.2d 166
Filed Date: 5/31/2011
Status: Precedential
Modified Date: 1/12/2022
In an action, inter alia, to recover damages for breach of an employment contract, the defendant Goldstar Jewellery, LLC, appeals from so much of an order of the Supreme Court, Westchester County (Scheinkman, J.), dated August 17, 2010, as denied that branch of its motion which was for summary judgment dismissing the first cause of action alleging breach of an employment contract.
Ordered that the order is affirmed insofar as appealed from, with costs.
“The basic tenet of a principal-agent relationship is that the
The defendant Goldstar Jewellery, LLC (hereinafter the defendant), failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law. It failed to show, prima facie, both that its directions to the plaintiff were reasonable and that the plaintiff did not properly follow those directions. Accordingly, the Supreme Court properly denied that branch of the defendant’s motion which was for summary judgment dismissing the first cause of action alleging breach of an employment contract (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; cf. Trieger v Montefiore Med. Ctr., 15 AD3d at 176; William Stevens, Ltd. v Kings Vil. Corp., 234 AD2d at 288). Prudenti, EJ., Angiolillo, Dickerson and Roman, JJ., concur.