Opinion
2002-11552
Argued September 25, 2003.
October 27, 2003.
In an action, inter alia, to recover damages for employment discrimination in violation of Executive Law § 296, the defendant appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated June 12, 2002, which denied its motion for summary judgment dismissing the complaint.
Martin B. Schnabel, Brooklyn, N.Y. (Daniel Topper of counsel), for appellant.
Greenfield, Stein Senior, LLP, New York, N.Y. (Paul T. Shoemaker and John A. Kornfeld of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant established that any alleged adverse employment decision was based on legitimate, independent, and nondiscriminatory reasons ( see Matter of Laverack Haines v. New York State Div. of Human Rights, 88 N.Y.2d 734; Kipper v. Doron Precision Sys., 194 A.D.2d 855; Dunadee v. County of Monroe, 188 Misc.2d 605). The plaintiff failed to raise a triable issue of fact as to whether the reasons given were false, or whether her age, gender, or race were the real reasons for the decision. Accordingly, the Supreme Court erred in denying the defendant's motion for summary judgment ( see generally Alfano v. Miller Envtl. Group, 253 A.D.2d 446).
ALTMAN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.