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MULDER v. DONALDSON, LUFKIN

161 Misc.2d 698 (1994)

611 N.Y.S.2d 1019

Joseph M. Mulder, Plaintiff, v. Donaldson, Lufkin & Jenrette et al., Defendants.

Supreme Court, New York County.

May 16, 1994

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (D. Scott Wise, Stephen D. Hibbard and Deborah Torrisi of counsel), for defendants. Pantaleoni, Govens, Trager & Weiss, New York City (Leslie Trager of counsel), for plaintiff.

WALTER M. SCHACKMAN, J.

Defendants Donaldson, Lufkin & Jenrette (DLJ) and Robert Albano move for an order pursuant to CPLR 3211 (a) (7) dismissing the complaint for failure to state a cause of action. This case presents an important question: whether an employee of a securities firm whose job responsibilities include auditing the corporation can be discharged for attempting to report violations of securities...

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