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DI MASCIO v. GENERAL ELECTRIC COMPANY

293 A.D.2d 842 (2002)

739 N.Y.S.2d 854

CESIDIO DI MASCIO et al., Appellants, v. GENERAL ELECTRIC COMPANY, Respondent.

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

Decided April 11, 2002.

Lahtinen, J.

In this age discrimination action based upon theories of disparate impact and disparate treatment, plaintiffs appeal from Supreme Court's orders dismissing their disparate impact claim and denying their motion for leave to amend their complaint to allege a facially neutral employment practice which disparately impacted plaintiffs. The underlying facts giving rise to this action are identical to those found in Bohlke v General Elec. Co. (

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