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WINIARSKI v. BUTLER

Index No. 151858/20. Appeal No. 14909. Case No. 2021-01589.

200 A.D.3d 630 (2021)

155 N.Y.S.3d 775

2021 NY Slip Op 07534

Stephen Winiarski, Appellant, v. John E. Butler, Jr., et al., Respondents.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Rasco Klock Perez & Nieto, LLC, New York ( James Halter of counsel), for appellant.

Gordon Ress Scully Mansukhani LLP, New York ( Francis J. Giambalvo of counsel), for respondents.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

"New York does not recognize the tort of wrongful discharge" for at-will employees (Lobosco v New York Tel. Co./NYNEX, 96 N.Y.2d 312, 316 [2001]), and discharged employees cannot "subvert the traditional at-will contract rule by casting [their] cause of action in terms of [another] tort" (Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 303...

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