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STEPHENSON v. HOTEL UNION

6 N.Y.3d 265 (2006)

844 N.E.2d 1155

811 N.Y.S.2d 633

ALBERT STEPHENSON et al., Appellants, v. HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL 100 OF THE AFL-CIO et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 2006.

Attorney(s) appearing for the Case

Kramer & Dunleavy LLP, New York City (Denise M. Dunleavy and Lenore Kramer of counsel), and Pollack Pollack Isaac & De Cicco (Brian J. Isaac of counsel) for appellants.

Pryor Cashman Sherman & Flynn LLP, New York City (Milton Mollen, Vincent F. Pitta, Joseph J. Lynett and Jane Lauer Barker of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

G.B. SMITH, J.

The issue in this age discrimination case is whether the Appellate Division erred in setting aside a jury verdict and dismissing the complaint. The defendants presented valid reasons for termination other than age discrimination and plaintiffs failed to prove that those reasons were pretextual. Accordingly, the evidence was sufficient to support the determination, and the...

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