Justice David Schmidt
Employer Wyckoff Medical Center moved for dismissal of Garg’s first, third and fourth causes of action —breach of Garg’s employment agreement, a violation of Labor Law §§195(6) and 217 for failing to give Garg written notice of the termination of his employment, and Labor Law §§190 and 198 violations for failing to pay Garg all wages due, respectively—for failure to state a claim. Garg was hired as Wyckoff’s President and CEO from Dec. 1, 2010 through Dec. 31, 2014, but was asked to resign in December 2011. The court found under Hugo v. A&A Maintenance Enter., §195(6) did not provide for an employee’s continued employment in the absence of a written notice of termination, granting Wyckoff’s motion to dismiss Garg’s first cause of action. Yet, Wyckoff was required, within five days after the date of termination to provide notice that Garg’s employee benefits would be cancelled, which it failed to do. Thus, dismissal of Garg’s third cause of action was denied. Further, the court noted as Garg served in an executive capacity during his tenure at Wyckoff earning in excess of $900 per week, he was precluded by the express terms of §§190 and 198, from pursuing his fourth cause of action, granting Wyckoff dismissal.
