CLARK v. HELMSLEY WINDSOR HOTEL

Plaintiff's causes of action for fraudulent and negligent misrepresentation were properly dismissed, first because they were improper attempts to transform a simple breach of contract into tort claims (Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 N.Y.2d 382, 389), and second, because plaintiff's status as an at-will employee necessarily negated any claim of reasonable reliance on the alleged misrepresentations (Bower v Atlis Sys., 182 A.D.2d 951, 953, lv denied 80 N.Y.2d 758). We have considered plaintiff's other arguments and find them to be without merit.

Concur — Wallach, J.P., Asch, Nardelli, Tom and Mazzarelli, JJ.