ALLEN v. DOMUS DEVELOPMENT CORPORATION


273 A.D.2d 891 (2000)

709 N.Y.S.2d 776

JACK ALLEN, Respondent, v. DOMUS DEVELOPMENT CORPORATION et al., Appellants. (Appeal No. 1.)

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

Decided June 16, 2000.


Order and judgment unanimously affirmed without costs.

Memorandum:

Defendants appeal from an order and judgment entered upon a jury verdict finding that plaintiff was unlawfully terminated from his employment because of his age (see, Executive Law § 296 [1] [a]) and awarding back pay and compensatory damages. Defendants characterize this as a "pretext" case and contend that, based on the three-part analysis first enunciated in McDonnell Douglas...

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