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Marshall-Zimbal v. Harvey's Drugs

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 1995
214 A.D.2d 1038 (N.Y. App. Div. 1995)

Opinion

April 28, 1995

Appeal from the Supreme Court, Onondaga County, Elliott, J.

Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and amended complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion for summary judgment. Defendant tendered evidentiary proof in admissible form sufficient to establish that it had legitimate, non-discriminatory reasons for failing to reinstate plaintiff at the end of her maternity leave (see, Brown v General Elec. Co., 144 A.D.2d 746, 748). The unsubstantiated assertions of plaintiff that defendant's proffered reasons were merely a pretext for discrimination based upon her gender and her pregnancy-related disability are insufficient to defeat defendant's motion (see, Brown v General Elec. Co., supra, at 748; Hill v Westchester Aeronautical Corp., 112 A.D.2d 977, 978).


Summaries of

Marshall-Zimbal v. Harvey's Drugs

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 1995
214 A.D.2d 1038 (N.Y. App. Div. 1995)
Case details for

Marshall-Zimbal v. Harvey's Drugs

Case Details

Full title:MELONY MARSHALL-ZIMBAL, Respondent, v. HARVEY'S DRUGS OF MANLIUS, INC.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 28, 1995

Citations

214 A.D.2d 1038 (N.Y. App. Div. 1995)
627 N.Y.S.2d 598