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McCORMICK v. NYU LANGONE MED. CTR.

Index No. 155468/2016. Appeal No. 11971. Case No. 2020-00824.

187 A.D.3d 442 (2020)

132 N.Y.S.3d 422

2020 NY Slip Op 05456

Victoria McCormick, Respondent, v. NYU Langone Medical Center et al., Appellants.

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

Decided October 6, 2020.

Plaintiff commenced this action pursuant to Labor Law § 741, alleging that defendant terminated her employment as a respiratory therapist in retaliation for her filing of a complaint with the State Department of Health (DOH), on May 22, 2015, about an event that occurred at the hospital on May 21, 2015.

Defendant failed to establish prima facie that its termination of plaintiff's employment was not motivated by a retaliatory animus (see Labor Law §...

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