From Casetext: Smarter Legal Research

King v. N.Y. City Health and Hosp

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2011
85 A.D.3d 631 (N.Y. App. Div. 2011)

Opinion

No. 5403.

June 23, 2011.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about May 3, 2010, which granted defendant's motion for summary judgment dismissing the amended complaint, unanimously affirmed, without costs.

Noah A. Kinigstein, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.

Before: Concur — Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ.


Plaintiffs failure to cite "any law, rule, regulation or declaratory ruling adopted pursuant to law" (Labor Law § 741 [d]), which she, "in good faith, reasonably believe[d]" (Labor Law § 741 [a]) to have been violated, is fatal to her cause of action alleging retaliation ( see Deshpande v Medisys Health Network, Inc., 70 AD3d 760, 762, lv denied 14 NY3d 713; see also Pipia v Nassau County, 34 AD3d 664, 666).

We have considered plaintiffs remaining arguments and find them unavailing.


Summaries of

King v. N.Y. City Health and Hosp

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2011
85 A.D.3d 631 (N.Y. App. Div. 2011)
Case details for

King v. N.Y. City Health and Hosp

Case Details

Full title:ELDENE C. KING, Appellant, v. NEW YORK CITY HEALTH AND HOSPS. CORP.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 23, 2011

Citations

85 A.D.3d 631 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5418
925 N.Y.S.2d 820

Citing Cases

Webb–Weber v. Cmty. Action for Human Servs., Inc.

Nonetheless, the complaint fails to state a cause of action under Labor Law § 740, since plaintiff does not…

McCormick v. NYU Langone Med. Ctr.

McCormick also specifies the regulation defendant violated as determined by NYSDOH. Brody Aff. Ex. A ¶ 12,…