Legal Opinion
Arevalo v. Burg
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 2015No. 15292N 160855/13PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 23, 2014, which denied plaintiffs motion for leave to amend his complaint to add a claim for retaliation under Labor Law § 215, unanimously affirmed, without costs.
The court properly denied plaintiff’s motion for leave to amend the complaint because the proposed retaliation claim is insufficient (see Bishop v Maurer, 83 AD3d 483, 485 [1st Dept 2011]). As we have previously noted, “It is the rare case that the filing of a counterclaim can serve as the basis for a retaliation claim” (Klein v Town & Country Fine Jewelry…
2Cases cited4 opinions
- Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
- Torres v. Gristede's Operating Corp.District Court, S.D. New York · 2008
- Bishop v. MaurerAppellate Division of the Supreme Court of the State of New York · 2011
- Klein v. Town & Country Fine Jewelry Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Alvarado v. GC Dealer Services Inc.District Court, E.D. New York · 2021
- Dobrykov v. Brickhouse Food LLCDistrict Court, S.D. New York · 2024
- Jason Giagrande v. XTM, Inc.District Court, S.D. New York · 2026
- Wender v. GA Global Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Yegoryan v. BB Med. & Dermatology P.C.Appellate Division of the Supreme Court of the State of New York · 2026