Legal Opinion
Jess D. McCavitt v. Swiss Reinsurance America Corporation
Court of Appeals for the Second Circuit
Decided January 8, 2001No. 2000PublishedCited by 3 opinions
1Per curiam
Appeal from a judgment of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge ) dismissing the plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. The complaint was dismissed on the ground that romantically dating a co-worker is not a protected “legal recreational activitfy] outside work hours” under New York Labor Law § 201-d.
Affirmed.
The sole issue on this appeal is whether romantic dating constitutes a “recreational activity” as defined in New York Labor Law § 201-d.
BACKGROUND
On…
2Cases cited8 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- United States v. Carol BirneyCourt of Appeals for the Second Circuit · 1982
- Pahuta v. Massey-Ferguson, Inc.Court of Appeals for the Second Circuit · 1999
- Electronics Communications Corp. v. Toshiba America Consumer Products, Inc. And Audiovox CorporationCourt of Appeals for the Second Circuit · 1997
- Thomas v. City of New YorkCourt of Appeals for the Second Circuit · 1998
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3Cited by3 opinions
- Truitt v. Salisbury Bank and Trust Co.Court of Appeals for the Second Circuit · 2022
- Bilquin v. Roman Catholic Church, Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2001
- Truitt v. Salisbury Bank and Trust CompanyDistrict Court, S.D. New York · 2020