KLEIN v. MARTIN


221 A.D.2d 261 (1995)

634 N.Y.S.2d 74

Eric A. Klein, Appellant, v. David Martin et al., Respondents

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

November 28, 1995


It is the essence of a cause of action, not its form, which determines the requisite elements which must be alleged and the applicable Statute of Limitations (Trott v Merit Dept. Store, 106 A.D.2d 158, 160; Williams v Arpie, 56 A.D.2d 689, affd 44 N.Y.2d 689). Here, plaintiff cannot circumvent the rules of employment-at-will and the one year Statute...

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