Legal Opinion

DiGregorio v. MTA Metro-North Railroad

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2016No. 1485 159638/13PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 11, 2014, which granted defendant MTA Metro-North Railroad’s motion to dismiss the complaint as against it, unanimously affirmed, without costs.

Plaintiff’s sole claim here against defendant Metro-North, her former employer, was made pursuant to section 75-b of the Civil Service Law (the whistle-blower statute) and may not be litigated in this forum. Because plaintiff was “subject to a collectively negotiated agreement which contains provisions preventing an employer from taking adverse personnel actions and which…

2Cases cited1 opinion

  1. Sanford v. 27-29 W. 181st Street Ass'nAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Art Capital Bermuda Ltd. v. Bank of N.T. Butterfield & Son Ltd.Appellate Division of the Supreme Court of the State of New York · 2019
  2. Dume v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2026

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