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LEIBOWITZ v. BANK LEUMI CO.

152 A.D.2d 169 (1989)

Alma Leibowitz, Appellant, v. Bank Leumi Trust Company of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 27, 1989

Attorney(s) appearing for the Case

Leeds & Morelli (Leonard Leeds of counsel), for appellant.

Parker Chapin Flattau & Klimpl (Peter M. Panken and John K. Diviney of counsel), for respondents.

BRACKEN, J. P., and LAWRENCE, J., concur with BALLETTA, J.; HARWOOD, J., concurs in part and dissents in part in a separate opinion.

BALLETTA, J.

Does a complaint state a cause of action under Labor Law § 740, the so-called "Whistleblowers' Statute", in the absence of an allegation that the reported unlawful activity represented a "substantial and specific danger to the public health or safety"? The answer must be in the negative.

When deciding a motion to dismiss for failure to state...

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