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Mason v. New York University

Labor Law § 741 Claim Upheld, Issues as to Whether NYU Retaliated Against Plaintiff

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 223, 224 were read on this motion to/for SUMMARY JUDGMENT (AFTER JOINDER). DECISION + ORDER ON MOTION Plaintiff Joshua Schuyler Mason, M.D. brings this whistleblower action against defendants New York University, NYU Langone Hospitals, NYU Langone Health System, NYU Langone Medical Center, NYU School of Medicine, NYU Medical Center, NYU Hospitals Center, NYU Langone Hospital Brooklyn, and NYU Pulmonary & Critical Care Associates Lutheran (collectively, defendants) alleging that he was fired in retaliation for complaining about the improper quality of patient care, in violation of Labor Law §§215 and 741. Plaintiff also brings claims for defamation per se and libel related to statements made by defendants. Defendants move, pursuant to CPLR 3212, for summary judgment dismissing the amended complaint. BACKGROUND New York University (NYU) is a private university, and the NYU School of Medicine (the School) is an administrative division of NYU (NYSCEF Doc No. 73, Collins affirmation, exhibit B, answer

5-6). NYU Langone Hospitals, formerly known as NYU Hospitals Center, and NYU Langone Health Systems are both not-for-profit corporations (id.,

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