Rose v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Feinman, J.

Following his termination by defendant, plaintiff commenced this whistleblower action (Civil Service Law § 75-b), without first serving a notice of claim. The complaint seeks back pay, reinstatement, costs and attorney’s fees. The motion court, characterizing the complaint as one seeking to vindicate a private injury, rather than a public right, granted defendant’s motion to dismiss for failure to comply with the notice of claim provision of General Municipal Law § 50-e (1) (a). On appeal, plaintiff argues that, at a minimum, he should be allowed to sever and…