Legal Opinion · Dissent

Matter of Moynihan v. New York City Health & Hosps. Corp.

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

Decided September 4, 2014No. 8341N 108757/10Published

1DissentMoskowitz, J.

For the reasons that the majority states, I agree that we should dismiss petitioner’s Labor Law § 740 claim on the basis that it is time-barred. I also agree that we should dismiss petitioner’s *1035claims for tortious interference with prospective business relations, violation of Administrative Code of the City of New York § 12-113 and violation of the constitutional right of free speech. However, in my view, the motion court properly granted petitioner’s motion for leave to file a late notice of claim. Similarly, I believe that at this stage of the litigation, petitioner has adequately pleaded a…

2Cases cited13 opinions

  1. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  2. Webb-Weber v. Community Action for Human Services, Inc.New York Court of Appeals · 2014
  3. Khatibi v. WeillAppellate Division of the Supreme Court of the State of New York · 2004
  4. Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Reddington v. Staten Island University HospitalNew York Court of Appeals · 2008

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