Robert Roge v. Nyp Holdings, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
Robert Roge appeals from Judge Hel-lerstein’s grant of summary judgment and dismissal of his complaint. Roge claims that his employer, NYP Holdings, Inc. (usually “Post”), owner of the New York Post, terminated him because of his age. On appeal, he argues that the district court failed to consider evidence of pretext and that other material issues of fact remain in dispute. However, it is undisputed that Roge’s position was eliminated in the course of a cost-saving restructuring. Further, the circumstances surrounding his claims for disability benefits provided a…
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