Opinion · Appellate Division of the Supreme Court of the State of New York

Gruenewald v. 132 West 31st Street Realty Corp.

205 A.D.2d 498

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1994-06-06
Topic
labor-and-employment

In an action for wrongful termination of employment pursuant to Labor Law § 740, the defendant appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered June 29, 1992, which denied the defendant’s motion for partial summary judgment dismissing the plaintiff’s demand for punitive damages. Ordered that the order is reversed, on the law, with costs, and the motion is granted. The relief enumerated in Labor Law § 740 was intended by the Legislature to be the exclusive remedies available to a plaintiff (see, Labor Law § 740 [5]). Since Labor Law § 740 (5) does not authorize recovery for punitive damages, the plaintiff’s demand for that relief should have been dismissed (see, Hoffman v Altana, Inc., 198 AD2d 210). Thompson, J.

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Cited by
3 opinions

In an action for wrongful termination of employment pursuant to Labor Law § 740, the defendant appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered June 29, 1992, which denied the defendant’s motion for partial summary judgment dismissing the plaintiff’s demand for punitive damages.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The relief enumerated in Labor Law § 740 was intended by the Legislature to be the exclusive remedies available to a plaintiff (see, Labor Law § 740 [5]). Since Labor Law § 740 (5) does not authorize recovery for punitive damages, the plaintiff’s demand for that relief should have been dismissed (see, Hoffman v Altana, Inc., 198 AD2d 210). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.