Legal Opinion

Leibowitz v. Bank Leumi Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1989PublishedCited by 97 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

Does a complaint state a cause of action under Labor Law § 740, the so-called "Whistleblowers’ Statute”, in the absence of an allegation that the reported unlawful activity represented a "substantial and specific danger to the public health or safety”? The answer must be in the negative. *171When deciding a motion to dismiss for failure to state a cause of action under CPLR 3211 (a) (7), "the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of…

2Cases cited26 opinions

  1. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  2. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  3. Fischer v. MaloneyNew York Court of Appeals · 1978
  4. Sabetay v. Sterling Drug, Inc.New York Court of Appeals · 1987
  5. Tobin v. GrossmanNew York Court of Appeals · 1969

21 more not listed; retrieve them via the Exa API.

3Cited by97 opinions

  1. Nieblas-Love v. New York City Housing AuthorityDistrict Court, S.D. New York · 2016
  2. Kentucky Fried Chicken National Management Co. v. WeathersbyCourt of Appeals of Maryland · 1992
  3. Mejia v. City of New YorkDistrict Court, E.D. New York · 2000
  4. Taggart v. CostabileAppellate Division of the Supreme Court of the State of New York · 2015
  5. Herlihy v. Metropolitan Museum of ArtAppellate Division of the Supreme Court of the State of New York · 1995

92 more not listed; retrieve them via the Exa API.

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