Best v. Peninsula New York Hotel Management Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Harold Tompkins, J.), entered September 26, 2002, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff fails to adduce evidence sufficient to raise a triable issue as to whether defendant’s proffered reason for not promoting him, namely his lack of an open consultative management style, was pretextual. There is no showing that such criterion for promotion was contrived to keep plaintiff from getting the job, or that defendant’s assessment of plaintiff’s management style was false.…
2Cases cited4 opinions
- Halbrook v. Reichhold Chemicals, Inc.District Court, S.D. New York · 1990
- Fischer v. KPMG Peat MarwickAppellate Division of the Supreme Court of the State of New York · 1994
- Schwaller v. Squire Sanders & DempseyAppellate Division of the Supreme Court of the State of New York · 1998
- Broome v. KeenerAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by3 opinions
- Dickerson v. Health Management Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 2005
- Mendelsohn v. New York Racing Assn., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Blackman v. Metropolitan Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2022