Perez v. Wegman Companies

— Order reversed on the law without costs, motion granted and amended complaint dismissed. Memorandum: The court erred in denying defendant’s motion to dismiss, on timeliness grounds, plaintiff’s amended complaint asserting a Labor Law § 740 cause of action. The action is time-barred by the one-year Statute of Limitations of Labor Law § 740 (4) (a). Even assuming that the timeliness of the cause of action in the amended complaint can be determined in terms of the dismissed causes of action in the original complaint, the "relation back” theory of CPLR 203 (e) does not apply. The retaliatory…