Perez v. Presbyterian Hospital

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered June 17, 1999, which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs motion for further discovery, unanimously affirmed, without costs.

The court properly dismissed plaintiffs sex and age discrimination claims. Defendant met its burden of rebutting plaintiffs prima facie case of discrimination by showing that plaintiff was terminated because of an act of misconduct, which act plaintiff has not denied. In response, plaintiff failed to adduce evidence sufficient to raise a triable…