Practice point: The Appellate Division affirmed dismissal of the retaliation claim, finding that allegations that plaintiff reported an assault and battery by a supervisor fail to state a claim under Labor Law § 740, the Whistleblower Law. Assault and battery by a supervisor is not "an activity, policy or practice of the employer that is in violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud," as specified in § 740[a].
Student note: The Appellate Division will not consider a claim asserted for the first time on appeal.
Case: Diaz v. New York State Catholic Health Plan, Inc., NY Slip Op 08129 (1st Dept. 2015)
Here is the decision.
Monday's issue: Construing contracts.