Chiara v. Town of New Castle

I disagree with my colleagues in the majority that the Supreme Court erred in awarding summary judgment to the defendants dismissing the cause of action to recover damages for employment discrimination in violation of Executive Law § 296. Therefore, I respectfully concur in part and dissent in part, and vote to affirm the order appealed from in its entirety.

To establish a prima facie case of discrimination under Executive Law § 296, a plaintiff who has been terminated from his or her employment must demonstrate that (1) he or she is a member of a protected class, (2) he or she was actively or…