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MELMAN v. MONTEFIORE MED. CTR.

301945/07, 4484.

98 A.D.3d 107 (2012)

946 N.Y.S.2d 27

2012 NY Slip Op 4111

ARNOLD MELMAN, M.D., Appellant, v. MONTEFIORE MEDICAL CENTER, Respondent.

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

May 29, 2012.

Attorney(s) appearing for the Case

Schwartz & Perry LLP, New York City ( Murray Schwartz , Davida S. Perry and Brian Heller of counsel), for appellant.

Littler Mendelson, P.C., New York City ( Jean L. Schmidt of counsel), for respondent.

DEGRASSE and RICHTER, JJ., concur with FRIEDMAN, J.P.; ACOSTA, J., dissents in a separate opinion.

OPINION OF THE COURT

FRIEDMAN, J.P.

Plaintiff Arnold Melman, M.D., was hired as chairman of defendant Montefiore Medical Center's urology department in 1988, when he was 47 years old. In 2007, when he was 66, he commenced this action against Montefiore, asserting causes of action for age discrimination and retaliation in violation of the New York City Human Rights Law (Administrative Code of City of NY § 8...

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