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RAMOS v. METRO N. COMMUTER R.R.

153742/18. Appeal No. 12914. Case No. 2020-02499.

190 A.D.3d 570 (2021)

140 N.Y.S.3d 222

2021 NY Slip Op 00272

Andrea Ramos, Respondent-Appellant, v. Metro North Commuter Railroad et al., Appellants-Respondents, et al., Defendants.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Hoguet, Newman, Regal & Kenney LLP, New York ( Damian R. Cavaleri of counsel), for appellants-respondents.

Jacob Fuchsberg Law Firm, New York ( Alan L. Fuchsberg of counsel), for respondent-appellant.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.

In this employment discrimination action, defendants established prima facie entitlement to summary judgment by proffering a legitimate, nondiscriminatory reason for terminating plaintiff's employment, as she had violated Metro-North's policy by failing to report her use of a muscle relaxant for her back condition (see e.g. Gordon v Kadet, 95 A.D.3d 606 [1st Dept 2012]). In response, plaintiff raised a triable issue of fact as to...

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