Appellate Division of the Supreme Court of New York, 2011

Cohen v. Hunter College

Cohen v. Hunter College
Appellate Division of the Supreme Court of New York · Decided January 6, 2011
80 A.D.3d 452; 913 N.Y.S.2d 556
Cohen v. Hunter College

Opinion of the Court

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 6, 2009, which, in an action alleging unlawful termination in violation of Labor Law § 740, granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

The motion court correctly determined that plaintiff failed to plead that defendants violated a “law, rule or regulation” (Labor Law § 740 [2] [a]'; see Bordell v General Elec. Co., 88 NY2d 869 [1996]; Connolly v Macklowe Real Estate Co., 161 AD2d 520 [1990]). Defendants’ internal policies concerning workplace violence and emergency withdrawal of students are not rules or regulations promulgated to enforce a law.

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Andrias, J.P., Friedman, McGuire and Abdus-Salaam, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.