Keith v. Carrier International Corp.

Judgment unanimously modified on the law, in accordance with memorandum, and new trial granted on defendants’ counterclaim and as modified affirmed without costs. Memorandum: In this age discrimination suit alleging a violation of Executive Law § 296, the trial court properly granted defendants’ motion pursuant to CPLR 4401 for judgment dismissing plaintiffs complaint. Plaintiff failed to meet his burden to rebut defendants’ evidence that the alleged discriminatory action was taken for legitimate business reasons as part of a valid corporate reorganization plan (see, Texas Dept. of Community…