Legal Opinion

Mabry v. Neighborhood Defender Service, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 13, 2011PublishedCited by 2 opinions

1Opinion of the Court

Plaintiff failed to show that he was likely to succeed on the merits, that he would suffer an irreparable and imminent injury if the injunction were withheld, and that the equities balanced in his favor (see Doe v Axelrod, 73 NY2d 748 [1988]). The record is devoid of any specific factual allegations or evidence to support plaintiffs claims of employment discrimination based on age and disability. Moreover, defendant Neighborhood Defender Service (NDS) demonstrated a legitimate nondiscriminatory reason for plaintiffs termination: an overall cost-cutting reorganization during which his entire…

2Cases cited6 opinions

  1. Doe v. AxelrodNew York Court of Appeals · 1988
  2. Allen v. St. Cabrini Nursing Home, Inc.District Court, S.D. New York · 2002
  3. Allen v. St. Cabrini Nursing Home Inc.Court of Appeals for the Second Circuit · 2003
  4. Winkler v. Kingston Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  5. Valentine v. SchembriAppellate Division of the Supreme Court of the State of New York · 1995

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Campagna v. New York City Police Dept..Appellate Division of the Supreme Court of the State of New York · 2024
  2. Holzman v. Commission on Judicial ConductAppellate Division of the Supreme Court of the State of New York · 2012

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