Rodgers v. Lenox Hill Hospital

Appellate Division of the Supreme Court of New York

Rodgers v. Lenox Hill Hospital

239 A.D.2d 140, 657 N.Y.S.2d 616, 1997 N.Y. App. Div. LEXIS 4643

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

DecidedMay 6, 1997

StatusPublished

Cited by3 cases

This text of 239 A.D.2d 140 (Rodgers v. Lenox Hill Hospital) 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.

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Rodgers v. Lenox Hill Hospital, 239 A.D.2d 140, 657 N.Y.S.2d 616, 1997 N.Y. App. Div. LEXIS 4643 (N.Y. Ct. App. 1997).

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Opinions

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about July 11, 1996, which, in an action for wrongful termination under Labor Law § 740, inter alia, denied defendant’s motion to add counterclaims for breach of fiduciary duty and fraud except those based on plaintiff’s alleged falsifications of his time records, modified, on the law, to permit the allegations of false time records to proceed under the counterclaim for fraud only, and otherwise affirmed, without costs.

The proposed counterclaims that are the subject of the appeal should be rejected as patently without merit. Although defendant seeks no appellate relief concerning the treatment of its allegations relating to false time records, and plaintiff did not file a cross appeal, we nevertheless modify to make clear that such allegations state a course of action only for fraud, and not for breach of fiduciary duty, such modification being necessary to just and complete relief (see, Bukhatir Mackinnon v Sarfraz, 130 AD2d 358).

We have considered defendant’s other contentions and find them to.be without merit. Concur—Murphy, P. J., Rosenberger and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about July 11, 1996, which, in an action for wrongful termination under Labor Law § 740, inter alia, denied defendant’s motion to add counterclaims for breach of fiduciary duty and fraud except those based on plaintiff’s alleged falsifications of his time records, modified, on the law, to permit the allegations of false time records to proceed under the counterclaim for fraud only, and otherwise affirmed, without costs.

The proposed counterclaims that are the subject of the appeal should be rejected as patently without merit. Although defendant seeks no appellate relief concerning the treatment of its allegations relating to false time records, and plaintiff did not file a cross appeal, we nevertheless modify to make clear that such allegations state a course of action only for fraud, and not for breach of fiduciary duty, such modification being necessary to just and complete relief (see, Bukhatir Mackinnon v Sarfraz, 130 AD2d 358).

We have considered defendant’s other contentions and find them to.be without merit. Concur—Murphy, P. J., Rosenberger and Mazzarelli, JJ.

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Bluebook (online)

239 A.D.2d 140, 657 N.Y.S.2d 616, 1997 N.Y. App. Div. LEXIS 4643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodgers-v-lenox-hill-hospital-nyappdiv-1997.

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