Almanzar v. Collegiate Church Corp.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 15, 1997, which, in an action for employment discrimination on the basis of age, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Assuming that plaintiff demonstrated a prima facie case, defendant demonstrated that its decision to terminate plaintiff was based on legitimate, independent and nondiscriminatory reasons (see, Ferrante v American Lung Assn., 90 NY2d 623, 629), and, since plaintiff’s response failed “to raise a question of fact concerning either…