Legal Opinion
Mayer v. Manton Cork Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1987PublishedCited by 22 opinions
1Opinion of the Court
In an action pursuant to Executive Law § 296 to recover damages for age discrimination in employment, the defendant appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), entered December 19, 1985, which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
In order to make out a prima facie case of age discrimination, the plaintiff must (1) demonstrate that he was a member of the protected class; (2) prove that he was discharged; (3) prove that he was qualified for the position he held; and (4) either (a) show that he was replaced by a…
2Cases cited5 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- New York City Board of Education v. BatistaNew York Court of Appeals · 1981
- Moore v. Sears, Roebuck and Co.District Court, N.D. Georgia · 1979
- Deutsch v. Carl Zeiss, Inc.District Court, S.D. New York · 1981
- Hill v. Westchester Aeronautical Corp.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by22 opinions
- Sogg v. American Airlines Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Gerzog v. London Fog Corp.District Court, E.D. New York · 1995
- Ashker v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Brown v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Bockino v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
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