In Ullmann v. Norma Kamali, Inc., 207 AD2d 691, 692, 616 N.Y.S.2d 583 [1st Dept 1994], in the context of a motion to dismiss under CPLR 3211 (a) (7), the Appellate Division, First Department, dismissed the plaintiff's breach of contract claim where defendants introduced an employment application signed by plaintiff which specifically provided that plaintiff understood and agreed that his employment was not for definite period of time and may be terminated at any time without cause (207 AD2d at 692).

Furthermore, the court held that a breach of contract claim could not be supported by "plaintiff's unsubstantiated allegation of oral assurances of employment by the defendants" (id.).