Opinion
570235/07.
Decided on March 14, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered February 5, 2007, which granted defendant's motion for summary judgment and dismissed the complaint.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Order (Jeffrey K. Oing, J.), entered February 5, 2007, affirmed, with $10 costs.
We sustain the dismissal of plaintiff's sex discrimination claim in view of his failure to demonstrate that he was employed by defendant ( see Sone v Tsumura, 222 AD2d 231) or that he was discharged from any alleged employment under circumstances giving rise to an inference of discrimination ( see Kent v Papert Companies, Inc., 309 AD2d 234; see also Thompson v Lamprect Transport, 39 AD3d 846). Plaintiff's defamation cause of action was also properly dismissed, plaintiff having failed to raise a triable issue as to whether the statements attributed to defendant were published or actuated by the type of malice necessary to defeat the qualified privilege applicable herein ( see Present v Avon Products, 253 AD2d 183, lv dismissed 93 NY2d 1032), or to demonstrate any special damages ( see Liberman v Gelstein, 80 NY2d 429).