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BREITSTEIN v. THE MICHAEL C. FINA COMPANY

5250. 151240/14.

156 A.D.3d 536 (2017)

68 N.Y.S.3d 41

2017 NY Slip Op 08883

SEAN BREITSTEIN, Appellant, v. THE MICHAEL C. FINA COMPANY et al., Respondents.

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

Decided December 21, 2017.

Plaintiff failed to raise an issue of fact as to whether defendants' proffered legitimate nondiscriminatory reason for terminating his employment was pretextual (see Melman v Montefiore Med. Ctr., 98 A.D.3d 107, 113-114 [1st Dept 2012]). The proffered reason is that plaintiff disclosed a prospective client's confidential pricing information and engaged in unethical negotiating tactics with defendant Michael C. Fina Company's vendors...

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