Alfano v. Miller Environmental Group, Inc.

Appellate Division of the Supreme Court of New York

Alfano v. Miller Environmental Group, Inc.

253 A.D.2d 446, 675 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 8853

Appellate Division of the Supreme Court of the State of New York·Decided August 10, 1998·Published·Cited by 4 cases

Opinion

In an action to recover damages for age and gender discrimination in violation of Executive Law § 296, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated December 23, 1997, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

Assuming that the plaintiff demonstrated a prima facie case of discrimination, the defendant succeeded in establishing that the alleged adverse employment decision was based on legitimate, independent, and nondiscriminatory reasons (see, Ferrante v American Lung Assn., 90 NY2d 623; Matter of Miller Brewing Co. v State Div. of Human Rights, 66 NY2d 937). The plaintiff failed to raise material issues of fact as to whether the reasons given were false and whether her age or gender was the real reason (see, Ferrante v American Lung Assn., supra; Matter of Laverack & Haines v New York State Div. of Human Rights, 88 NY2d 734). Accordingly, the Supreme Court erred in denying the defendant’s motion for summary judgment. Bracken, J. P., Copertino, McGinity and Luciano, JJ., concur.

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In an action to recover damages for age and gender discrimination in violation of Executive Law § 296, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated December 23, 1997, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

Assuming that the plaintiff demonstrated a prima facie case of discrimination, the defendant succeeded in establishing that the alleged adverse employment decision was based on legitimate, independent, and nondiscriminatory reasons (see, Ferrante v American Lung Assn., 90 NY2d 623; Matter of Miller Brewing Co. v State Div. of Human Rights, 66 NY2d 937). The plaintiff failed to raise material issues of fact as to whether the reasons given were false and whether her age or gender was the real reason (see, Ferrante v American Lung Assn., supra; Matter of Laverack & Haines v New York State Div. of Human Rights, 88 NY2d 734). Accordingly, the Supreme Court erred in denying the defendant’s motion for summary judgment. Bracken, J. P., Copertino, McGinity and Luciano, JJ., concur.

Alfano v. Miller Environmental Group, Inc., 253 A.D.2d 446, 675 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 8853 (N.Y. Ct. App. 1998).

Pincite

253 A.D.2d 446 (Alfano v. Miller Environmental Group, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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