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Yan v. Klein

The plaintiff Charles Dun-Zheng Yan ("Yan"), was employed by the Luxottica Group ("Luxottica"), and received several warnings in July, 1997, before he was terminated for insubordination in October, 1997. Yan's direct supervisor at Luxottica was Nancy Klein ("Klein"), the General Manager of his depa.....

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The plaintiff Charles Dun-Zheng Yan (“Yan”), was employed by the Luxottica Group (“Luxottica”), and received several warnings in July, 1997, before he was terminated for insubordination in October, 1997. Yan’s direct supervisor at Luxottica was Nancy Klein (“Klein”), the General Manager of his department is Ronnie Potter (“Potter”), and the Director of Human Resources is Jeannette Diamond (“Diamond”).

Previously, Yan commenced an action against Klein, alleging defamation. Following an inquest, the action against Klein was dismissed with prejudice, and his motion for reconsideration was denied (Index No. 2927/98 [Kitzes, J.]). In the order denying reconsideration dated October 20, 1998, this court (Kitzes, J.) found that Yan was discharged for cause, he was an employee at will with no employment contract, and he failed to show how his reputation was injured or what damages he sustained by being fired. Yan ‘s appeal from the order denying reconsideration was dismissed by the Appellate Division, Second Department (see, Yan v. Klein, 266 AD2d 209).

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