Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*589The plaintiff commenced this action asserting, among other things, that he was wrongfully discharged from his employment owing to his discovery of, and refusal to participate in, fiscal "improprieties”. The plaintiff alleged in the complaint that his discharge was a violation of Labor Law § 740, the "whistleblower statute”. The defendants made a motion pursuant to CPLR 3211, inter alia, to dismiss this portion of the complaint, and the Supreme Court denied this branch of the motion. We agree with the defendants that this determination was error.
It is now established that an action based upon…
2Cases cited6 opinions
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Leibowitz v. Bank Leumi Trust Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Lapidus v. New York City Chapter of New York State Ass'n for Retarded Children, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Easterson v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 1989
- Remba v. Federation Employment & Guidance ServiceAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by20 opinions
- Collette v. St. Luke's Roosevelt HospitalDistrict Court, S.D. New York · 2001
- Pipia v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 2006
- Fough v. August Aichhorn Center for Adolescent Residential Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Rodgers v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Deshpande v. TJH Medical Services, P.C.Appellate Division of the Supreme Court of the State of New York · 2008
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