MURPHY v. AM. HOME PRODS. CORP.


88 A.D.2d 870 (1982)

Joseph P. Murphy, Respondent-Appellant, v. American Home Products Corporation, Appellant-Respondent

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

June 24, 1982


On the present state of the law it does not appear that New York recognizes a cause of action for abusive discharge (Edwards v Citibank, 74 A.D.2d 553; Marinzulich v National Bank of North Amer., 73 A.D.2d 886), and in any event plaintiff fails to show the kind of violation of the penal law or public policy that has been held in some other jurisdictions to ground a cause of action for abusive discharge. Insofar as plaintiff's dispute with his employers relates to matters of public policy, plaintiff is merely complaining that the corporation's records are not kept in accordance with generally accepted accounting principles; the dispute appears to be not one of false book entries, but rather a matter of judgment as to the appropriate accounting treatment of the items involved. Accordingly, the motion to dismiss the first cause of action for abusive discharge should have been granted. Special Term properly dismissed the remaining causes of action either for failure to state a cause of action, or failure to comply with the Statute of Frauds, or, with respect to the age discrimination claim, failure to assert it within the statutory time. (See Executive Law, § 297, subd 5; State Div. of Human Rights v Westmoreland Cent. School Dist., 56 A.D.2d 205, 207; Beckford v Corning Glass Works, 75 A.D.2d 835.)


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