PEREZ v. PRESBYTERIAN HOSPITAL OF THE CITY OF NEW YORK


277 A.D.2d 57 (2000)

717 N.Y.S.2d 518

YOLANDA PEREZ, Appellant, v. PRESBYTERIAN HOSPITAL OF THE CITY OF NEW YORK, Respondent.

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

Decided November 14, 2000.


The court properly dismissed plaintiff's sex and age discrimination claims. Defendant met its burden of rebutting plaintiff's prima facie case of discrimination by showing that plaintiff was terminated because of an act of misconduct, which act plaintiff has not denied. In response, plaintiff failed to adduce evidence sufficient to raise a triable issue of fact as to her contention that the reason stated by defendant was pretextual (see, Scott v Citicorp Servs.,

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