Annabi v. Cassino

Appellate Division of the Supreme Court of New York

Annabi v. Cassino

269 A.D.2d 551, 703 N.Y.S.2d 745, 2000 N.Y. App. Div. LEXIS 2133

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 2000

StatusPublished

Cited by2 cases

This text of 269 A.D.2d 551 (Annabi v. Cassino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Annabi v. Cassino, 269 A.D.2d 551, 703 N.Y.S.2d 745, 2000 N.Y. App. Div. LEXIS 2133 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action pursuant to Executive Law § 296 (16), the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered May 24, 1999, which denied his motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s motion to dismiss the complaint on the ground that it failed to state a cause of action (see, CPLR 3211 [a] [7]). The complaint alleged that the defendant took adverse employment actions against the plaintiff, based on the fact that the plaintiff, a police officer, was arrested, although the arrest had not resulted in a conviction. Accordingly, it properly stated a cause of action for a violation of Executive Law § 296 (16) (see, Matter of Wallick v Barrios-Paoli, 248 AD2d 332; Matter of Lebensbaum v Adelphi Univ., 111 AD2d 393).

The defendant’s remaining contention is without merit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action pursuant to Executive Law § 296 (16), the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered May 24, 1999, which denied his motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s motion to dismiss the complaint on the ground that it failed to state a cause of action (see, CPLR 3211 [a] [7]). The complaint alleged that the defendant took adverse employment actions against the plaintiff, based on the fact that the plaintiff, a police officer, was arrested, although the arrest had not resulted in a conviction. Accordingly, it properly stated a cause of action for a violation of Executive Law § 296 (16) (see, Matter of Wallick v Barrios-Paoli, 248 AD2d 332; Matter of Lebensbaum v Adelphi Univ., 111 AD2d 393).

The defendant’s remaining contention is without merit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

269 A.D.2d 551, 703 N.Y.S.2d 745, 2000 N.Y. App. Div. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/annabi-v-cassino-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack