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FERRANTE v. AM. LUNG ASSN.

90 N.Y.2d 623 (1997)

687 N.E.2d 1308

665 N.Y.S.2d 25

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

Court of Appeals of the State of New York.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Gerstein & Churchill, P. C., New York City (Robert S. Churchill of counsel), for appellant.

Robert G. Spevack, New York City, for respondent.

Davis & Eisenberg, New York City (Herbert Eisenberg and Margaret McIntyre of counsel), for National Employment Lawyers Association/ New York, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

The primary issue here is whether plaintiff has demonstrated that a factual issue exists to withstand defendant's motion for summary judgment to dismiss plaintiff's age discrimination claim under New York's Human Rights Law (Executive Law § 296). We conclude that plaintiff has sufficiently raised a question of fact as to whether defendant's proffered...

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