Opinion
July 12, 1989
Appeal from the Supreme Court, Erie County, Fallon, J.
Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and defendants' motion granted. Memorandum: Special Term erred in denying defendants' motion for summary judgment dismissing plaintiff's first cause of action alleging breach of contract. Plaintiff had no contract of employment with defendant Housing Council and was admittedly an employee at will. The language in the personnel manual relied upon by plaintiff is insufficient to limit the employer's unfettered right to terminate an at-will employee (see, Sabetay v Sterling Drug, 69 N.Y.2d 329; O'Connor v Eastman Kodak Co., 65 N.Y.2d 724, rearg denied 65 N.Y.2d 1054; Mann v Insurance Co., 138 A.D.2d 966; Battaglia v Sisters of Charity Hosp., 124 A.D.2d 987; Collins v Hoselton Datsun, 120 A.D.2d 952).