New York Supreme and/or Appellate Courts Appellate Division, First Department
November 20, 2012
MILES MATSUMURA, PLAINTIFF-RESPONDENT,
SMART LLC, ETC., ET AL., DEFENDANTS-APPELLANTS.
Matsumura v Smart LLC
Decided on November 20, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Andrias, Saxe, Acosta, Freedman, JJ.
Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered on or about March 23, 2011, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.
The e-mails that are plaintiff's sole support for his contention that he was employed by defendants pursuant to a five-year contract fail to establish a contract for a fixed period of time (see TSR Consulting Servs. v Steinhouse, 267 AD2d 25 [1st Dept 1999]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: NOVEMBER 20, 2012
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