KELLY v. POUGHKEEPSIE AREA CHAMBER OF COMMERCE


265 A.D.2d 307 (1999)

696 N.Y.S.2d 215

BEVERLY A. KELLY, Appellant, v. POUGHKEEPSIE AREA CHAMBER OF COMMERCE et al., Respondents.

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

Decided October 4, 1999.


Ordered that the order is affirmed, with costs.

The defendants established their entitlement to judgment as a matter of law and the plaintiff failed to raise a triable issue of fact sufficient to defeat the defendants' motion (see, CPLR 3212 [b]). The plaintiff, an at-will employee, was unable to perform her duties at the time of the adverse employment decision. Accordingly, the Supreme Court properly dismissed her...

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