MMP&S Prevails on Pre-Answer Motion to Dismiss Employment Law Action

In Saffer v. Woodstock Guild of Craftsmen, Inc., MMP&S prevailed on a pre-answer Motion to Dismiss the Complaint in Supreme Court, Queens County. In this employment law action, Plaintiff alleged that he was terminated in retaliation for his complaints concerning the presence of mold and issues with electrical wiring allegedly found on our client’s premises. Plaintiff alleged discriminatory retaliation pursuant to New York Labor Law Sections 740(2) and (4) and sought damages including emotional distress, lost wages, past and future damages, punitive damages, statutory damages and attorney’s fees. MMP&S successfully argued that the Amended Complaint should be dismissed with prejudice because (1) the documentary evidence established that Plaintiff was terminated as a result of his insubordination, unprofessionalism and disparagement of our client; (2) our client took all necessary steps to make repairs and there was no violation of law that created a substantial danger to public health or safety; and (3) Plaintiff’s termination did not occur until months after the issues were investigated and repaired. In light of our strong arguments, the Court granted our pre-answer Motion to Dismiss the Complaint.

Practice Area

Employment Practices