BIRK v. NEW YORK CITY TRANSIT AUTHORITY


304 A.D.2d 319 (2003)

756 N.Y.S.2d 745

ALDUR M. BIRK, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 1, 2003.


The complaint, alleging that plaintiff was subjected to impermissible workplace discrimination by reason of a medical disability, was properly dismissed since defendant employer set forth a legitimate, nondiscriminatory reason for the alleged adverse employment action and plaintiff did not, in response, meet his burden to raise a triable issue as to whether defendant's proffered reason was a mere pretext (see Ferrante v American Lung Assn., 90 N.Y...

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