Legal Opinion

Ferrante v. American Lung Ass'n

New York Court of Appeals

Decided October 23, 1997PublishedCited by 352 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The primary issue here is whether plaintiff has demonstrated that a factual issue exists to withstand defendant’s motion for summary judgment to dismiss plaintiff’s age discrimination claim under New York’s Human Rights Law (Executive Law § 296). We conclude that plaintiff has sufficiently raised a question of fact as to whether defendant’s proffered reasons for plaintiff’s termination were merely a pretext for age discrimination. Accordingly, the order of the Appellate Division should be affirmed.

Plaintiff alleged that he was employed by defendant as controller…

2Cases cited16 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  4. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  5. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994

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3Cited by352 opinions

  1. Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
  2. Matusick v. Erie County Water AuthorityCourt of Appeals for the Second Circuit · 2014
  3. Jacobsen v. New York City Health & Hospital Corp.New York Court of Appeals · 2014
  4. Hill v. Rayboy-BrauesteinDistrict Court, S.D. New York · 2006
  5. Mittl v. New York State Division of Human RightsNew York Court of Appeals · 2003

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