Stewart v. International Business Machines Corp.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered April 25, 1989, which denied defendant-appellant’s motion for summary judgment, unanimously reversed, on the law, the motion granted, and the complaint dismissed, without costs.

Upon review of the record herein, we find that plaintiff-respondent has failed to establish a prima facie case of racial discrimination by defendant-appellant. Respondent’s allegations, even if true, merely show that he submitted a number of unsolicited applications to appellant seeking an unspecified permanent position, but was not hired by…