McBride v. General Railway Signal Co.

— Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: Defendant appeals from an order denying its motion for summary judgment in an action brought under section 296 of the Executive Law. The defendant discharged the plaintiff after she failed to return to work following her lunch hour. In her complaint, plaintiff alleges that she was discriminated against based upon her sex because she was discharged when she refused to continue a “personal relationship” with her immediate supervisor. Summary judgment should have been granted dismissing the complaint.…