The following excerpt is from Ohanian v. Avis Rent A Car System, Inc., 779 F.2d 101 (2nd Cir. 1985):
In the instructions, "breached his duty as an employee" states a breach of contract by an employee which would justify dismissal. Rudman v. Cowles Communications, Inc., 35 A.D.2d 213, 216, 315 N.Y.S.2d 409 (1970) ("then the disobedience is a breach of duty and like other breaches, entitles the employer to rescind the employment contract"), modified on other grounds, 30 N.Y.2d 1, 330 N.Y.S.2d 33, 280 N.E.2d 867 (1972).
b.
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