BENNETT v. HEALTH MGT. SYS. INC.

115015/08, 5031.

92 A.D.3d 29 (2011)

936 N.Y.S.2d 112

2011 NY Slip Op 9206

KENNETH BENNETT, Appellant, v. HEALTH MANAGEMENT SYSTEMS, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

December 20, 2011.


Attorney(s) appearing for the Case

Simon, Eisenberg & Baum, LLP, New York City ( Sheldon Karasik of counsel), for appellant.

Tarter Krinsky & Drogin LLP, New York City ( Richard L. Steer and Tara T. Toevs of counsel), for respondent.

SAXE, J.P., CATTERSON, ABDUS-SALAAM and ROMÁN, JJ., concur with ACOSTA, J.


OPINION OF THE COURT

ACOSTA, J.

This appeal gives us the opportunity to address the evidentiary showing required at the summary judgment stage in a discrimination case brought pursuant to the New York City Human Rights Law. We hold that defendant has met its evidentiary burden and has shown its entitlement to the extraordinary remedy of judgment as a matter of law.

Background

Plaintiff...

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