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TUNSTALL v. SOL SEIFER & CO., INC.

242 A.D.2d 493 (1997)

662 N.Y.S.2d 481

Bessie Tunstall, Appellant, v. Sol Seifer & Co., Inc., Respondent

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

September 25, 1997

The action was properly dismissed for lack of proof supporting plaintiff's allegation that following her discharge, defendant hired younger workers for a position for which plaintiff was qualified. Plaintiff's argument that summary judgment should be denied to permit more disclosure was properly rejected on the ground that plaintiff, who filed the note of issue and statement of readiness, had never sought to compel compliance with...

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