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HARTY v. PEPCOM INDUSTRIES

262 A.D.2d 357 (1999)

689 N.Y.S.2d 664

M. LESLIE HARTY, Respondent, v. PEPCOM INDUSTRIES, Also Known as MEADOWBROOK DISTRIBUTORS CORP., Appellant.

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

Decided June 7, 1999.

Ordered that the order is affirmed, without costs or disbursements.

There are issues of fact as to whether the reasons put forth by the defendant for its decision to terminate the plaintiff's employment were, in fact, "`not its true reasons, but a pretext for discrimination'" (Matter of Miller Brewing Co. v State Div. of Human Rights, 66 N.Y.2d 937, 939, quoting Texas Dept. of Community Affairs v Burdine,

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