Ulysse v. AAR Aircraft Component Servs., 128 A.D.3d 1053 (N.Y. App. Div. 2d Dep't 2015). · Go Syfert
Ulysse v. AAR Aircraft Component Servs., 128 A.D.3d 1053 (N.Y. App. Div. 2d Dep't 2015). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 3 distinct courts.
Cited for
10 N.Y.S.3d at 310 holding that an individual supervisor is not an “employer” subject to liability under NYLL § 7402 citing cases1 citing court put it this way
  • Knower, No. 1:24-cv-06081 (S.D.N.Y. Sept. 17, 2026).
    See, e.g., Ruiz v. Lenox Hill Hosp., 45 N.Y.S.3d 427, 430 (1st Dep’t 2017); Ulysse v. AAR Aircraft Component Servs., 10 N.Y.S.3d 309, 310 (2d Dep’t 2015); Hernandez v. DiaSorin Inc., No. 25-CV-00846, 2025 WL 3706579 , at *10 (S.D.N.Y.
  • Flaherty v. Dixon, No. 1:22-cv-02642, 2023 WL 2051861 (S.D.N.Y. Feb. 16, 2023).
    (holding that an individual supervisor is not an “employer” subject to liability under NYLL § 740)
10 N.Y.S.3d at 309 affirming dismissal of supervisors from suit alleging violations of N.Y.L.L. § 740 and noting that “the individual defendants . . . are not employers under the statute2 citing cases2 citing courts put it this way
  • Martinez v. Greczyn, No. 6:25-cv-06239 (W.D.N.Y. Oct. 1, 2025).
    (affirming dismissal of supervisors from suit alleging violations of N.Y.L.L. § 740 and noting that “the individual defendants . . . are not employers under the statute)
  • Martinez v. Cole, No. 6:25-cv-06302 (W.D.N.Y. Oct. 1, 2025).
    (affirming dismissal of supervisors from suit alleging violations of N.Y.L.L. § 740 and noting that “the individual defendants . . . are not employers under the statute)
At page 1054 “the individual defendants . . . are not employers under the statute”1 citing case2 citing courts quote it
  • Ruiz v. Lenox Hill Hosp., 146 A.D.3d 605 (N.Y. App. Div. 1st Dep't 2017).published
    The motion court should have dismissed the Labor Law claims as against Dr. Scheinerman individually, since he is not an “employer” within the meaning of Labor Law §§ 740 and 741 (see Ulysse v AAR Aircraft Component Servs., 128 AD3d 1053, 1…
Retrieving the full opinion text from the archive…
Robinson Ulysse, Appellant,
v.
AAR Aircraft Component Services Et Al., Respondents
2013-07743.
Appellate Division of the Supreme Court of the State of New York.
May 27, 2015.
Published opinion
128 A.D.3d 1053
Cited by 5 opinions  |  Published

In an action to recover damages for violation of Labor Law § 740, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated June 17, 2013, which granted the defendants’ motion, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the amended complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants’ motion which was to dismiss the amended complaint insofar as asserted against the defendants AAR Aircraft Component Services, AAR Parts Trading, Inc., AAR Aircraft & Engine Group, Inc., AAR Aviation Trading, Inc., and AAR Allen Aircraft Corp., and substituting therefor a provision denying that branch of the defendants’ motion; as so modified, the order is affirmed, with costs to the plaintiff.

The plaintiff was employed as an aircraft mechanic by the defendants AAR Aircraft Component Services, AAR Parts Trading, Inc., AAR Aircraft & Engine Group, Inc., AAR Aviation Trading, Inc., and AAR Allen Aircraft Corp. (hereinafter collectively the corporate defendants). After the plaintiffs employment was terminated, he commenced the instant action against the corporate defendants and three of his former supervisors (hereinafter collectively the individual defendants), to recover damages for violation of Labor Law § 740.

A cause of action based upon Labor Law § 740, commonly known as the “whistleblower statute,” is available to an employee who “discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that is in violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety” (Labor Law § 740 [2] [a]; see Bordell v General Elec. Co., 88 NY2d 869, 870 [1996]; Carillo v Stony Brook Univ., 119 AD3d 508, 509 [2014]; Pipia v Nassau County, 34 AD3d 664, 665 [2006]). On a motion to dismiss pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the complaint must be construed liberally, the factual allegations[*1054] deemed to be true, and the nonmoving party must be given the benefit of all favorable Inferences (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]).

Here, the amended complaint alleged, inter alia, that the plaintiffs employment with the corporate defendants was terminated after he complained to the individual defendants and the human resources department about certain activities and practices which the corporate defendants engaged in or tolerated. It further alleged that such conduct violated various laws or rules or regulations, and threatened public safety. Notably, “for pleading purposes, the complaint need not specify the actual law, rule or regulation violated, although it must identify the particular activities, policies or practices in which the employer allegedly engaged, so that the complaint provides the employer with notice of the alleged complained-of conduct” (Webb-Weber v Community Action for Human Servs., Inc., 23 NY3d 448, 453 [2014]). In this case, the amended complaint sufficiently states a cause of action to recover damages under Labor Law § 740 against the corporate defendants and should not have been dismissed insofar as asserted against them (see Webb-Weber v Community Action for Human Servs., Inc., 23 NY3d at 453; Carillo v Stony Brook Univ., 119 AD3d at 509). However, the complaint was properly dismissed insofar as asserted against the individual defendants, as they are not employers under the statute (see Labor Law § 740 [1] [a], [b], mi

The defendants’ remaining contention is without merit. Eng, P.J., Leventhal, Hall and Roman, JJ., concur.