Dietrich v. E.I. du Pont de Nemours & Co.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 18, 2006. The order denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiff was employed by defendant from 1978 until his termination from employment in 2001. Plaintiff commenced this action alleging that defendant unlawfully discriminated against him by discharging him from employment based upon his actual or perceived disability and refusing to provide…