Legal Opinion

Berliner v. Peerless Importers, Inc.

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

Decided June 22, 2004Published

1Opinion of the Court

*158Order, Supreme Court, New York County (Richard F. Braun, J.), entered September 19, 2003, which, inter alia, granted the motion of defendant Peerless Importers, Inc. for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant employer met its burden of rebutting plaintiffs’ prima facie case of age discrimination by showing that there were legitimate business reasons behind the corporate reorganization that adversely affected plaintiffs. Plaintiffs, in responding to defendant’s showing, failed to make the demonstration necessary to sustain the action, that…

2Cases cited4 opinions

  1. Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
  2. Colicchio v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1998
  3. Scott v. Citicorp Services Inc.New York Court of Appeals · 1997
  4. DeMay v. Miller & Wrubel P. C.Appellate Division of the Supreme Court of the State of New York · 1999

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