FERRANTE v. AM. LUNG ASS'N


230 A.D.2d 685 (1996)

646 N.Y.S.2d 808

Martin Ferrante, Appellant, v. American Lung Association, Respondent

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

August 29, 1996


As the IAS Court held, plaintiff, a discharged employee of defendant, established a prima facie case of age discrimination under Executive Law § 296. However, defendant employer's submission of an affidavit alleging a legitimate, nondiscriminatory reason for terminating plaintiff's employment did not entitle defendant to judgment as a matter of law (Mayer v Manton Cork Corp., 126 A.D.2d 526, 527); rather, it merely dispelled...

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