Bilquin v. Roman Catholic Church, Diocese of Rockville Centre

Appellate Division of the Supreme Court of New York

Bilquin v. Roman Catholic Church, Diocese of Rockville Centre

286 A.D.2d 409, 729 N.Y.S.2d 519, 2001 N.Y. App. Div. LEXIS 8079

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

DecidedAugust 20, 2001

StatusPublished

Cited by1 cases

This text of 286 A.D.2d 409 (Bilquin v. Roman Catholic Church, Diocese of Rockville Centre) 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

Bilquin v. Roman Catholic Church, Diocese of Rockville Centre, 286 A.D.2d 409, 729 N.Y.S.2d 519, 2001 N.Y. App. Div. LEXIS 8079 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action to recover damages for wrongful termination of employment, the plaintiff appeals from an order of the Supreme Court, Nassau County (Martin, J.), dated September 12, 2000, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants refused to renew the plaintiff’s contract of employment because she was cohabiting with a man who was married to another woman. The plaintiff commenced this action, claiming that the termination of her employment violated Labor Law § 201-d (2) (c), which bars an employer from discharging an employee because of the employee’s legal recreational activities outside work hours. However, the plaintiff’s conduct did not constitute a recreational activity within the meaning of Labor Law § 201-d (2) (c) (see, Hudson v Goldman Sachs & Co., 283 AD2d 246; State of New York v Wal-Mart Stores, 207 AD2d 150; see also, McCavitt v Swiss Reins. Am. Corp., 237 F3d 166, 168). Therefore, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Goldstein, J. P., Friedmann, McGinity and Adams, JJ., concur.

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—In an action to recover damages for wrongful termination of employment, the plaintiff appeals from an order of the Supreme Court, Nassau County (Martin, J.), dated September 12, 2000, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants refused to renew the plaintiff’s contract of employment because she was cohabiting with a man who was married to another woman. The plaintiff commenced this action, claiming that the termination of her employment violated Labor Law § 201-d (2) (c), which bars an employer from discharging an employee because of the employee’s legal recreational activities outside work hours. However, the plaintiff’s conduct did not constitute a recreational activity within the meaning of Labor Law § 201-d (2) (c) (see, Hudson v Goldman Sachs & Co., 283 AD2d 246; State of New York v Wal-Mart Stores, 207 AD2d 150; see also, McCavitt v Swiss Reins. Am. Corp., 237 F3d 166, 168). Therefore, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Goldstein, J. P., Friedmann, McGinity and Adams, JJ., concur.

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Bluebook (online)

286 A.D.2d 409, 729 N.Y.S.2d 519, 2001 N.Y. App. Div. LEXIS 8079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bilquin-v-roman-catholic-church-diocese-of-rockville-centre-nyappdiv-2001.

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