Allen v. Domus Development Corp.

Order and judgment unanimously affirmed without costs. Memorandum: Defendants appeal from an order and judgment entered upon a jury verdict finding that plaintiff was unlawfully terminated from his employment because of his age (see, Executive Law § 296 [1] [a]) and awarding back pay and compensatory damages. Defendants characterize this as a “pretext” case and contend that, based on the three-part analysis first enunciated in McDonnell Douglas Corp. v Green (411 US 792, 802), plaintiff is not entitled to recover. Defendants contend that (1) plaintiff failed to establish a prima facie case of…