Kaganowicz v. Booth Memorial Medical Center
Court: Appellate Division of the Supreme Court of the State of New York; May 15, 1995; New York; State Appellate Court
In an appeal concerning a breach of employment contract, the plaintiff contests a Supreme Court order from November 24, 1993, which granted the defendant summary judgment to dismiss the complaint. The appellate court affirmed the dismissal with costs, determining that the defendant provided adequate evidence to show no triable issues of fact existed. The plaintiff's opposition failed to counter this evidence effectively. The court rejected the plaintiff’s claim that there was a factual issue regarding reliance on the defendant's personnel manual, which allegedly confined dismissal grounds to just cause. Furthermore, the plaintiff did not establish that the hospital's purported unlawful billing practices posed a significant risk to public health or safety, as required under Labor Law § 740(2)(a). The judges concurred in the decision.