DeMay v. Miller & Wrubel P. C.

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered July 9, 1998, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

Plaintiff was over forty when he was hired in February 1983 as an office services employee for defendant law firm. Ten years later, on February 26, 1993, plaintiff was given a memorandum from defendant advising him of a number of complaints over the past few years…