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Cohen v. Hunter College

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2011
80 A.D.3d 452 (N.Y. App. Div. 2011)

Opinion

No. 4008.

January 6, 2011.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 6, 2009, which, in an action alleging unlawful termination in violation of Labor Law § 740, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

Robert B. Davis, New York, for appellant.

Andrew M. Cuomo, Attorney General, New York (Patrick J. Walsh of counsel), for respondents.

Before: Andrias, J.P., Friedman, McGuire and Abdus-Salaam, JJ.


The motion court correctly determined that plaintiff failed to plead that defendants violated a "law, rule or regulation" (Labor Law § 740 [a]; see Bordell v General Elec. Co., 88 NY2d 869; Connolly v Macklowe Real Estate Co., 161 AD2d 520). Defendants' internal policies concerning workplace violence and emergency withdrawal of students are not rules or regulations promulgated to enforce a law.

We have considered plaintiffs remaining contentions and find them unavailing.


Summaries of

Cohen v. Hunter College

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2011
80 A.D.3d 452 (N.Y. App. Div. 2011)
Case details for

Cohen v. Hunter College

Case Details

Full title:HENRY DONALD COHEN, Appellant, v. HUNTER COLLEGE et al., Respondents

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

Date published: Jan 6, 2011

Citations

80 A.D.3d 452 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 40
913 N.Y.S.2d 556

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