MILLER v. NEW YORK UNIVERSITY

5472, 603020/08.

85 A.D.3d 670 (2011)

927 N.Y.S.2d 31

2011 NY Slip Op 5574

RICHARD MILLER, Respondent, v. NEW YORK UNIVERSITY et al., Appellants, et al., Defendants.

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

Decided June 28, 2011.


Defendants failed to demonstrate that the reassignment of plaintiff from the position of sole chief financial officer (CFO) of NYU Hospitals Center (NYUHC) to one of three vice-presidents of finance did not constitute a termination from the CFO position, in violation of the parties' retention agreement, as memorialized in the "Transition Stabilization Plan." The record shows that plaintiff's position as finance vice-president was materially different from his position as...

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