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HERNANDEZ v. CENTRAL PARKING SYSTEM OF NEW YORK, INC.

63 A.D.3d 411 (2009)

879 N.Y.S.2d 461

MARIA HERNANDEZ, Appellant, v. CENTRAL PARKING SYSTEM OF NEW YORK, INC., et al., Respondents.

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

Decided June 2, 2009.

Defendants failed to demonstrate good cause for the late filing of their motion for summary judgment (CPLR 3212 [a]; Brill v City of New York, 2 N.Y.3d 648 [2004]).

The complaint fails to state a cause of action for constructive discharge since it contains no allegation that plaintiff resigned from her job (see Whidbee v Garzarelli Food Specialties, Inc., 223 F.3d 62, 73 [2000]). It...

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