Garfunkel Wild Defeats Whistleblower Claim Against NYU Langone Health

October 1, 2021


Garfunkel Wild obtained dismissal of a Health Care Whistleblower Retaliation Claim under New York Labor Law Section 741. The claim against NYU Langone Health, a large health system operating in New York, was brought by a physician who alleged that his employment agreement was not renewed in retaliation for his objection to a purported policy prohibiting the referral of patients outside of the system. NYU Langone denied that such a policy exists, and moved to dismiss the claim.

The Nassau County Commercial Division accepted Garfunkel Wild’s arguments that the claim was legally deficient because the plaintiff never notified the system of his objection as required by the statute until after his contract was not renewed, and that he was not entitled to a futility exception because the alleged policy did not constitute an imminent threat to public health or patient safety.

The Garfunkel Wild Litigation team was led by Partner/Director Len Rosenberg, joined by Associate Joshua Zarcone.