Perez v. Wegman Companies

Doerr, J. (dissenting).

I agree with the majority’s conclusion, implicit in the decision, that principles of res judicata do not bar plaintiff’s amended complaint. Plaintiff’s wrongful discharge claims were not dismissed on the merits but, rather, *1011were dismissed based upon their failure to state a valid cause of action under New York law. Consequently, the dismissal should not be given res judicata effect.

I disagree with the majority’s conclusion, however, that plaintiff’s amended complaint, alleging a violation of Labor Law § 740, the so-called "whistle-blower statute”, is time-barred. In my…