McNALLY v. SWIFT TRANSPORTATION CO. INC.


35 A.D.3d 1238 (2006)

827 N.Y.S.2d 395

PAUL J. McNALLY, Respondent, v. SWIFT TRANSPORTATION CO., INC., Doing Business as SWIFT TRUCKING, Appellant.

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

Decided December 22, 2006.


It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in part and the complaint is dismissed.

Memorandum:

Plaintiff commenced this action pursuant to Labor Law § 740 alleging a retaliatory action by defendant, his employer, for whistleblowing activity. Supreme Court denied that part of defendant's motion seeking summary judgment dismissing the complaint...

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