Opinion
Argued September 8, 1976
Decided October 14, 1976
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS J. RYAN, J.
Fenton F. Harrison for appellant. Robert Boasberg and John F. Collins for respondents.
MEMORANDUM. The order of the Appellate Division should be affirmed and judgment entered in accordance with the stipulation for the reasons stated in that court's memorandum, with the additional observation that the decision in Hines v Anchor Motor Frgt. ( 424 U.S. 554) reinforces the conclusion that damages for wrongful discharge could have been sought against the employer in this case.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
On plaintiff's appeal: Order affirmed, with costs, and judgment absolute granted in accordance with plaintiff's stipulation. Plaintiff's application to be relieved of his stipulation in the event of affirmance denied.
On defendant's cross appeal: Cross appeal dismissed, without costs, upon the ground that it does not lie.