MURPHY v. AM HOME PRODS CORP


134 Misc.2d 807 (1986)

Joseph Murphy, Plaintiff, v. American Home Products Corporation, Defendant.

Supreme Court, New York County.

December 15, 1986


Attorney(s) appearing for the Case

Donovan Leisure Newton & Irvine for defendant. Milberg Weiss Bershad Specthrie & Lerach for plaintiff.


MARTIN B. STECHER, J.

Defendant moves pursuant to CPLR 4101 and 4102 to strike plaintiff's demand for a jury trial.

In April 1980, plaintiff, then nearly 60 years of age, was discharged by the defendant after 23 years of employment. Plaintiff brought this action in April 1981 under four theories of liability: (1) wrongful discharge, (2) prima facie tort, (3) intentional infliction of emotional distress, and (4) breach of duty of fair dealing....

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