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DOLGON v. STANDARD MOTOR PRODS., INC.

251 A.D.2d 281 (1998)

671 N.Y.S.2d 1023

Fred Dolgon, Appellant, v. Standard Motor Products, Inc., et al., Respondents

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

June 1, 1998

Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.

There are triable issues of fact as to whether the plaintiff was replaced by a younger person and whether the reason advanced by the defendants for his discharge was, in fact, a pretext (see, Mayer v Manton Cork Corp., 126 A.D.2d 526). Thus, the defendants did not establish...

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