Legal Opinion
O'Neill v. New York University
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Moskowitz, J.
In this appeal, plaintiff-petitioner, a research scientist, alleges that he reported suspected research misconduct of a colleague to his superiors who, in turn, fired him in retaliation. The motion court denied his petition to vacate respondents’ termination of his employment and dismissed this hybrid plenary action and CPLR article 78 proceeding pursuant to CPLR 3211 (a) (1) and (7). We unanimously reverse to reinstate the causes of action based on retaliation and failure to follow disciplinary procedures.
According to the complaint, in July 2002, respondents…
2Cases cited24 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Foster v. ChurchillNew York Court of Appeals · 1996
- Maas v. Cornell UniversityNew York Court of Appeals · 1999
- Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
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