BEST v. PENINSULA NEW YORK HOTEL MANAGEMENT INC.


309 A.D.2d 524 (2003)

765 N.Y.S.2d 33

JOHNNY BEST, Appellant, v. PENINSULA NEW YORK HOTEL MANAGEMENT INC., Respondent.

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

Decided October 7, 2003.


Plaintiff fails to adduce evidence sufficient to raise a triable issue as to whether defendant's proffered reason for not promoting him, namely his lack of an open consultative management style, was pretextual. There is no showing that such criterion for promotion was contrived to keep plaintiff from getting the job, or that defendant's assessment of plaintiff's management style was false. Notably, defendant rejected two more experienced Caucasian applicants on the basis...

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