Jones v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Jones v. New York City Health & Hospitals Corp.

5 A.D.3d 338, 773 N.Y.S.2d 552, 2004 N.Y. App. Div. LEXIS 3540

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

DecidedMarch 30, 2004

StatusPublished

Cited by2 cases

This text of 5 A.D.3d 338 (Jones v. New York City Health & Hospitals Corp.) 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

Jones v. New York City Health & Hospitals Corp., 5 A.D.3d 338, 773 N.Y.S.2d 552, 2004 N.Y. App. Div. LEXIS 3540 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered July 9, 2002, which granted respondents’ cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The petition, which admits that petitioner had lateness and absenteeism problems while on disciplinary probation, on its face shows a good faith basis for petitioner’s termination, requiring dismissal of the petition (see Matter of Wilson v Bratton, 266 AD2d 140, 142 [1999], citing Matter of Butler v Abate, 204 AD2d 171, 172 [1994]). The effect of such admission of good faith is not negated by petitioner’s other allegations purporting to show bad faith (Matter of Morgan v Safir, 281 AD2d 376 [2001], lv denied 97 NY2d 601 [2001]). Concur—Nardelli, J.P., Tom, Andrias, Saxe and Marlow, JJ.

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Judgment, Supreme Court, New York County (Edward Lehner, J.), entered July 9, 2002, which granted respondents’ cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The petition, which admits that petitioner had lateness and absenteeism problems while on disciplinary probation, on its face shows a good faith basis for petitioner’s termination, requiring dismissal of the petition (see Matter of Wilson v Bratton, 266 AD2d 140, 142 [1999], citing Matter of Butler v Abate, 204 AD2d 171, 172 [1994]). The effect of such admission of good faith is not negated by petitioner’s other allegations purporting to show bad faith (Matter of Morgan v Safir, 281 AD2d 376 [2001], lv denied 97 NY2d 601 [2001]). Concur—Nardelli, J.P., Tom, Andrias, Saxe and Marlow, JJ.

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Bluebook (online)

5 A.D.3d 338, 773 N.Y.S.2d 552, 2004 N.Y. App. Div. LEXIS 3540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-new-york-city-health-hospitals-corp-nyappdiv-2004.

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