SWIFT v. NEW YORK MEDICAL COLLEGE


48 A.D.3d 671 (2008)

850 N.Y.S.2d 906

MICHAEL SWIFT, Appellant, v. NEW YORK MEDICAL COLLEGE, Respondent.

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

Decided February 19, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion, in effect, pursuant to CPLR 3211 (a) to dismiss the third cause of action and that portion of the first cause of action which relates to the plaintiff's salary reduction during his employment at New York Medical College is denied.

Contrary to the defendant's contention, service of an amended complaint containing no new causes of action, but merely restating and renumbering 5 of...

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