Practice point: In an action alleging unlawful termination in violation of Labor Law § 740, the complaint will be dismissed if plaintiff fails to plead the violation of a law, rule or regulation.
Students should note that pleading a violation of the employer’s internal policies is insufficient.
Case: Cohen v. Hunter College, NY Slip Op 00040 (1st Dept. 2011)
Here is the decision.
Tuesday’s issue: Motion practice.