United States Second Circuit

In suit against employer for age discrimination, violation of whistleblower protection law, and breach of contract, dismissal of claims is affirmed in part, and the following questions are certified to the New York Court of Appeals: 1) Does the institution of a time-barred claim pursuant to New York Labor Law section 740 simultaneously with a claim pursuant to New York Labor Law section 741 trigger section 740(7)'s waiver provision and thereby bar the section 741 claim, even if the section 740 claim is subsequently withdrawn?; and 2) Does the definition of employee in New York Labor Law section 741 encompass an individual who does not render medical treatment, and under what circumstances?

Appellate Information

• Decided 12/14/2007
• Published 12/14/2007

Judges

• LIVINGSTON, Circuit Judge:, Before:  KATZMANN, LIVINGSTON, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jonathan Behrins, Behrins & Behrins, P.C., Staten Island, NY, for Plaintiff-Appellant-Cross-Appellee., James D. Williams, Jr. (David O. Simon, on the brief), Epstein Becker & Green, P.C., New York, NY, for Defendants-Appellees-Cross-Appellants.