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BONES v. PRUDENTIAL FIN., INC.

54 A.D.3d 589 (2008)

863 N.Y.S.2d 368

BRIAN D. BONES, Respondent, v. PRUDENTIAL FINANCIAL, INC., et al., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 16, 2008.

Plaintiff's institution of an action against his former employer, defendant Prudential Insurance Company of America, "in accordance with" Labor Law § 740 constitutes "a waiver of the rights and remedies available under any other contract, collective bargaining agreement, law, rule or regulation or under the common law" (Labor Law § 740 [7]), including his remaining claim for promissory estoppel, which arises from the allegedly unlawful discharge (Hayes v Staten...

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