BALSAMO v. SAVIN CORPORATION


61 A.D.3d 622 (2009)

877 N.Y.S.2d 146

OLIVIA BALSAMO, Appellant, v. SAVIN CORPORATION et al., Respondents.

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

Decided April 7, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

In the context of this case, to support her cause of action alleging age discrimination, the plaintiff must demonstrate prima facie (1) that she is a member of a protected class, (2) that she was constructively discharged, (3) that she was qualified to hold the position from which she was terminated, and (4) that the discharge occurred under circumstances giving rise to an inference of age discrimination...

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