Dzikowski v. J.J. Burns & Co.

In an action to recover damages for discrimination in employ*469ment on the basis of age in violation of, inter alia, Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated May 25, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To establish entitlement to summary judgment dismissing a cause of action alleging age discrimination in violation of Executive Law § 296, a defendant “must demonstrate either [the] plaintiff’s failure to establish every…