VELLA v. CEREBRAL PALSY


141 Misc.2d 976 (1988)

Dominick J. Vella, Plaintiff, v. United Cerebral Palsy of New York City, Inc., Defendant.

Supreme Court, New York County.

August 26, 1988


Attorney(s) appearing for the Case

Parker, Chapin, Flattau & Klimpl (Peter M. Danken, Johnna G. Torsone and Suzanne Levitt of counsel), for defendant. Robert N. Marx for plaintiff.


HERMAN CAHN, J.

This action for damages for retaliatory discharge is brought pursuant to New York's "Whistleblower" law (Labor Law § 740). It points up the limited nature of that law. Defendant United Cerebral Palsy of New York City, Inc. (U.C.P.), moves for an order pursuant to CPLR 3211 (a) (7) (failure to state a cause of action), dismissing the complaint.

The U.C.P. is a not-for-profit corporation...

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