Melman v. Montefiore Medical Center

Acosta, J. (dissenting).

If this case had come before us on appeal from a jury determination in defendant’s favor, I would have no hesitation in concluding that the verdict was supported by sufficient evidence. But on a motion for summary judgment all reasonable inferences must be drawn in favor of the non-moving party. In the context of an action brought pursuant to the New York City Human Rights Law, Administrative Code of the City of New York § 8-101 et seq. (City HRL), the court is required to recognize that discrimination is not only prohibited from being the entire reason for adverse…