Jones v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Jones v. New York City Transit Authority

166 A.D.2d 293, 562 N.Y.S.2d 402, 1990 N.Y. App. Div. LEXIS 12051

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 18, 1990

StatusPublished

Cited by2 cases

This text of 166 A.D.2d 293 (Jones v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jones v. New York City Transit Authority, 166 A.D.2d 293, 562 N.Y.S.2d 402, 1990 N.Y. App. Div. LEXIS 12051 (N.Y. Ct. App. 1990).

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Opinion

Order of the Supreme Court, New York County (Leland DeGrasse, J.), entered August 8, 1989, which, inter alia, granted defendants’ motion for summary judgment, unanimously affirmed, without costs.

Plaintiff’s employment as a probationary transit police officer was terminated on December 30, 1987, based ostensibly upon plaintiff’s record of derelictions and his marginal work performance. Plaintiff alleged that defendants’ termination decision was actually unlawful discrimination.

Plaintiff failed to raise material issues of fact to defeat defendants’ motion for summary judgment (CPLR 3212 [b]). None of the issues raised by plaintiff contradicted defendants’ proof that plaintiff’s poor work performance was the actual basis for the termination decision. Furthermore, the court did not err in granting summary judgment despite plaintiff’s failure to complete discovery, since plaintiff has failed to show that the requested material would have enabled him to demonstrate a triable issue of fact (CPLR 3212 [f]). Concur—Murphy, P. J., Sullivan, Milonas and Smith, JJ.

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Order of the Supreme Court, New York County (Leland DeGrasse, J.), entered August 8, 1989, which, inter alia, granted defendants’ motion for summary judgment, unanimously affirmed, without costs.

Plaintiff’s employment as a probationary transit police officer was terminated on December 30, 1987, based ostensibly upon plaintiff’s record of derelictions and his marginal work performance. Plaintiff alleged that defendants’ termination decision was actually unlawful discrimination.

Plaintiff failed to raise material issues of fact to defeat defendants’ motion for summary judgment (CPLR 3212 [b]). None of the issues raised by plaintiff contradicted defendants’ proof that plaintiff’s poor work performance was the actual basis for the termination decision. Furthermore, the court did not err in granting summary judgment despite plaintiff’s failure to complete discovery, since plaintiff has failed to show that the requested material would have enabled him to demonstrate a triable issue of fact (CPLR 3212 [f]). Concur—Murphy, P. J., Sullivan, Milonas and Smith, JJ.

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Bluebook (online)

166 A.D.2d 293, 562 N.Y.S.2d 402, 1990 N.Y. App. Div. LEXIS 12051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-new-york-city-transit-authority-nyappdiv-1990.

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