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NO NOTICE OF CLAIM REQUIRED FOR RETALIATORY TERMINATION CLAIM PURSUANT TO CIVIL SERVICES LAW 75-b.

The First Department, reversing Supreme Court, determined (1) a retaliatory termination claim pursuant to Civil Services Law Section 75-b seeking only monetary damages is not subject to the notice of claim requirement of General Municipal Law Sections 50-e and 50-i; and (2), even if a notice of claim were required, the notice was adequate despite the failure to specifically mention a violation Civil Services Law Section 75-b:

… [W]e now find that a notice of claim is not required for a Civil Service Law § 75-b claim. As with the Human Rights Law claims that were the subject of Margerum, Civil Service Law § 75-b claims are not tort actions under 50-e and are not personal injury, wrongful death, or damage to personal property claims under 50-i, and there is no reason to encumber the filing of a retaliatory termination claim. * * *

Even if [a notice of claim] was required, the notice of claim filed by plaintiff was sufficient to allow the City to investigate his Civil Service Law § 75-b claim, even though it did not cite the section. Castro v City of New York, 2016 NY Slip Op 05615, 1st Dept 7-21-16

 

MUNICIPAL LAW (NO NOTICE OF CLAIM REQUIRED FOR RETALIATORY TERMINATION CLAIM PURSUANT TO CIVIL SERVICES LAW 75-b)/EMPLOYMENT LAW (MUNICIPAL LAW, NO NOTICE OF CLAIM REQUIRED FOR RETALIATORY TERMINATION CLAIM PURSUANT TO CIVIL SERVICES LAW 75-b)/RETALIATORY TERMINATION (MUNICIPAL LAW, NO NOTICE OF CLAIM REQUIRED FOR RETALIATORY TERMINATION CLAIM PURSUANT TO CIVIL SERVICES LAW 75-b)

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