Vail-Ballou Press, Inc. v. Tomasky

—Carpinello, J.

Appeal from an order of the Supreme Court (Monserrate, J.), entered February 17, 1999 in Broome County, which, inter alia, partially denied plaintiffs motion to dismiss defendant’s counterclaims.

Defendant had been employed by plaintiff for nearly five years when he was discharged on April 2, 1998 for using foul and abusive language, assaulting and threatening a co-worker and insubordination. Following his discharge, he picketed outside plaintiffs Broome County facility and allegedly *663threatened former co-workers. He also sent electronic mail to plaintiffs customers, potential…