Ordered that the order is reversed, on the law, with costs, the motion is granted, and the cause of action to recover damages for employment discrimination in violation of Executive Law § 296 is dismissed.
The plaintiff, a registered nurse, was employed by the defendant from September 1981 until November 1990, and generally was assigned as a circulating or scrub nurse in the defendant's operating room. In November 1989, the plaintiff, who had been abusing the...
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