Cancelliere v. Nat'l Sept. 11 Memorial & Museum at the World Trade Center Foundation

NEW YORK COUNTY
Employment

New York Law Journal

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Justice Donna Mills

Ex-employee Cancelliere moved to quash defendant's, former employer, subpoenas to several non-parties under CPLR 2304 in this wrongful termination action. He alleged defendant terminated his employment in retaliation for reporting public health and safety violations in the design and construction of the Sept. 11 Memorial, in violation of New York's Whistleblower Statute, under Labor Law §740. Defendant argued Cancelliere's termination was not in retaliation for any complaints he may have made, but for cost-cutting measures, and as a result of Cancelliere's poor performance. Defendant sought information going back more than 25 years from prior employers, arguing its hiring decision was influenced by Cancelliere's prior employment. Cancelliere alleged the subpoenas were irrelevant and harassing, thus should be quashed. The court noted that while Cancelliere's past employment history may be relevant to the defense of this action, it granted Cancelliere's motion in part, ordering a temporal limit of 10 years prior to the date he started working with defendant on its requested discovery from Cancelliere's former employers.

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