Listemann v. Philips Components

In an action to recover damages for age discrimination pursuant to Executive Law § 296, the defendants appeal from an order of the Supreme Court, Dutchess County (Nolan, J.), dated January 14, 2004, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In order to establish a prima facie case of age discrimination under Executive Law § 296, a plaintiff must plead and prove that (1) he or she is a member of a protected class, (2) he or she was actively or constructively discharged, (3) he or she was qualified to hold the position…