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ENGEL v. CALGON CORP.

114 A.D.2d 108 (1986)

In the Matter of Walter A. Engel, Jr., Petitioner, v. Calgon Corporation, a Subsidiary of Merck & Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 6, 1986

Attorney(s) appearing for the Case

Walter A. Engel, Jr., pro se, and James W. Cooper for Walter A. Engel, Jr., petitioner.

Epstein, Becker, Borsody & Green (William A. Carmell of counsel), for respondent.

KANE, J., concurs with MAHONEY, P. J.; HARVEY and MAIN, JJ., concur in a separate opinion by HARVEY, J.; CASEY, J., dissents and votes to annul in an opinion.

MAHONEY, P. J.

In April 1984, petitioner, age 51, filed a complaint with the State Division of Human Rights (Division), charging that he had been unlawfully discriminated against by Calgon Corporation on the basis of his age. Petitioner was engaged by Calgon in a sales capacity under the terms of a written contract which permitted termination upon the giving of 30 days' notice. Calgon terminated the contract...

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