(Download) "Herbert Scott Et Al. v. Transkrit Corporation" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Herbert Scott Et Al. v. Transkrit Corporation
- Author : Supreme Court of New York
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In an action, inter alia, to recover damages under sections 736 and 738 of the Labor Law, defendant appeals from an order of the Supreme Court, Westchester County (Cerrato, J.), entered April 8, 1982, which denied its motion pursuant to CPLR 3212 for summary judgment dismissing the complaint. Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed. Plaintiffs commenced this action to, inter alia, recover damages under article 20-B of the Labor Law, alleging that defendant, their former employer, had unlawfully administered, or attempted to administer, a psychological stress evaluator examination to them in violation of section 735 of that statute. Before an answer was served, defendant moved to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7). That motion was denied and defendant did not appeal. After joinder of issue and after defendant took the oral depositions of plaintiffs, it moved for summary judgment (CPLR 3212). Special Term denied the motion on the ground that the prior order denying the motion to dismiss under CPLR [91 A.D.2d 682 Page 6833211]