LISTEMANN v. PHILIPS COMPONENTS


13 A.D.3d 494 (2004)

785 N.Y.S.2d 354

HERBERT LISTEMANN, Respondent, v. PHILIPS COMPONENTS et al., Appellants.

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

December 20, 2004


Ordered that the order is affirmed, with costs.

In order to establish a prima facie case of age discrimination under Executive Law § 296, a plaintiff must plead and prove that (1) he or she is a member of a protected class, (2) he or she was actively or constructively discharged, (3) he or she was qualified to hold the position from which he or she was discharged, and (4) the discharge occurred under circumstances giving rise to an inference of discrimination...

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