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PRESENT v. AVON PRODS.

253 A.D.2d 183 (1999)

687 N.Y.S.2d 330

Steven Present, Respondent, v. Avon Products, Inc., et al., Appellants, et al., Defendants Steven Present, Respondent, v. Avon Products, Inc., et al., Appellants

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

March 30, 1999

Attorney(s) appearing for the Case

Donald A. Derfner of counsel (Christopher P. Benischek on the brief; Derfner & Mahler, L. L. P., attorneys), for respondent.

T. Barry Kingham of counsel (Michelle A. Rice, Steven A. Reiss and Christopher Morvillo on the brief; Curtis, Mallet-Prevost Colt & Mosle, and Weil, Gotshal & Manges, attorneys), for appellants.

TOM, WALLACH and MAZZARELLI, JJ., concur.

ROSENBERGER, J. P.

Plaintiff Steven Present was dismissed by his employer, defendant Avon Products, Inc., after an internal investigation turned up evidence that he had falsified billing records and stolen company property. Defendants Henry Isdith and Susan Pike were fellow employees who described Present's misconduct to management and provided supporting documentation. Defendant Al Urbont, an outside vendor...

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