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DELANEY v. HC2, INC.

Index No. 100690/22. Appeal No. 1137. Case No. 2022-05769.

221 A.D.3d 563 (2023)

200 N.Y.S.3d 351

2023 NY Slip Op 06200

Andrew Delaney, Appellant, v. HC2, Inc., Doing Business as Hire Counsel, Respondent.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Andrew Delaney, appellant pro se.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New York ( Michael Nacchio of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.

Order, Supreme Court, New York County (Richard Latin, J.), entered December 22, 2022, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff's complaint, in which he alleged that defendant improperly terminated his employment in violation of Labor Law § 740, was properly dismissed because plaintiff lacks legal capacity to sue (CPLR 3211[a][3]). Plaintiff filed for...

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