Opinion · New York Court of Appeals
Gertler v. Goodgold
66 N.Y.2d 946
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1985-12-17
- Topic
- employee-benefits-and-executive-compensation
dismissing a faculty member's breach of contract claim because the complaint failed to allege a contract through which the university ever "expressly, by contract or otherwise, obligated itself to provide the amenities plaintiff claims" | “Prima facie tort should not become a ‘catch-all’ alternative for every cause of action which cannot stand on its legs.” | no cognizable contract action where the complaint merely “recites a litany of . . . grievances” and is “devoid of any reference to the contractual basis” for the rights asserted | tenured medical school professor was not contractually entitled to adequate space for research, fair teaching assignments and cooperation in allowing and promoting research grants because these “benefits” were found to be “perquisites of faculty life” and not “contract entitlements” | tenured medical school professor was not contractually entitled to adequate space for research, fair teaching assignments and cooperation in allowing and promoting research grants because these "benefits" were found to be "perquisites of faculty life" and not "contract entitlements"
Citator
- Cited by
- 39 opinions
Order affirmed, with costs, for the reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division (107 AD2d 481). We add with respect to the Statute of Limitations question that this is not a case, such as Mundy v Nassau County Civ. Serv. Commn. (44 NY2d 352), where by withdrawing its determination the respondent created an impression of nonfinality with respect to plaintiff’s allocated space. The letter of March 11, 1982 ended with the statement that "reorganizational plans are already firm.” That defendants continued to negotiate with plaintiff thereafter did not extend the four-month period of limitations (CPLR 217) (Matter of Lubin v Board of Educ., 60 NY2d 974).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.