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DiCOLA v. SWISSRE HOLDING (NORTH AMERICA), INC.

No. 908, Docket 92-7940.

996 F.2d 30 (1993)

Ronald DiCOLA, Plaintiff-Appellant, v. SWISSRE HOLDING (NORTH AMERICA), INC., a corporation authorized to do business under the laws of the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Gary A. Schultz, New York City (Viscomi & Schultz, Martin N. Silberman, Silberman & Rhine, of counsel), for plaintiff-appellant.

Peter N. Hillman, New York City (Andrea H. Stempel, Chadbourne & Parke, New York City, of counsel), for defendant-appellee.

Before: NEWMAN, WINTER and MINER, Circuit Judges.

WINTER, Circuit Judge:

Ronald DiCola appeals from Magistrate Judge Buchwald's order granting SwissRe Holding (North America), Inc.'s motion for summary judgment and dismissing appellant's complaint.1 DiCola argues that his termination by SwissRe violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623 (1988 & Supp. III 1991). Because his termination resulted from the elimination of his position after that position...

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