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CONNOLLY v. NAPOLI KAISER

12 Misc.3d 530 (2006)

817 N.Y.S.2d 872

GERARD A. CONNOLLY, Plaintiff, v. NAPOLI, KAISER & BERN, LLP, et al., Defendants.

Supreme Court, New York County.

April 4, 2006.

Attorney(s) appearing for the Case

Ohrenstein & Brown LLP, New York City (Stephanie J. Kauffman of counsel), for Paul J. Napoli, defendant.

Proskaur Rose LLP, New York City (Christopher A. Raimondi of counsel), for Marc J. Bern, defendant.

Jackson Lewis LLP, Melville (Jeffrey W. Brecher and Paul J. Siegel of counsel), for Napoli, Kaiser & Bern LLP and others, defendants.

John Walshe & Associates, New York City, for plaintiff.

OPINION OF THE COURT

ROLANDO T. ACOSTA, J.

Introduction

In the context of this preanswer motion to dismiss the complaint pursuant to CPLR 3211, the court is required to consider whether in the circumstances of this case the court should extend the ruling announced in Wieder v Skala (80 N.Y.2d 628 [1992]). In Wieder, the Court of Appeals allowed a narrow exception to the employee-at-will...

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