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SMITH v. FEDERAL DEFENDERS OF N.Y., INC.

6532, 152449/14.

161 A.D.3d 506 (2018)

76 N.Y.S.3d 154

2018 NY Slip Op 03455

Martin Smith, Appellant, v. Federal Defenders of New York, Inc., et al., Respondents.

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

Decided May 10, 2018.

The motion court correctly granted summary judgment dismissing the complaint. Plaintiff, who was 81 years old when terminated, failed to raise an issue of fact whether defendants' reasons for terminating his employment were pretextual (see Melman v Montefiore Med. Ctr., 98 A.D.3d 107, 113-114 [1st Dept 2012]).

Defendants demonstrated legitimate, nondiscriminatory reasons for their decision. Specifically, in mid-2013, as they...

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