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Abbott v. Memorial Sloan-Kettering Cancer

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 2002
295 A.D.2d 136 (N.Y. App. Div. 2002)

Opinion

1293

June 6, 2002.

Order, Supreme Court, Bronx County (Louis Benza, J.), entered March 5, 2001, which denied plaintiff's request to depose two of defendant's employees, and which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

RANSFORD B. MCKENZIE, for Plaintiff-appellant.

TERRI L. ROSS, for Defendant-respondent.

Mazzarelli, J.P., Lerner, Rubin, Marlow, Gonzalez, JJ.


By filing a note of issue, in which he certified that all discovery had been completed, plaintiff waived his right to conduct further depositions (see, Stephano v. News Group Publ., 64 N.Y.2d 174, 186), and he has failed to demonstrate any extraordinary circumstances arising after he filed the note of issue.

Defendant's motion for summary judgment dismissing the complaint alleging, inter alia, that plaintiff, while in defendant's employ, was subjected to a hostile work environment, and ultimately terminated, by reason of his race, was properly granted. The record does not support plaintiff's claim that his treatment as an employee of defendant was affected by racial animus. Indeed, so far as can be determined from the record, plaintiff, an at will employee, was treated in a completely nondiscriminatory fashion and ultimately properly terminated by defendant for the entirely legal and sufficient reason that defendant had become dissatisfied with his job performance (see, Murphy v. Am. Home Prods. Corp., 58 N.Y.2d 293).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Abbott v. Memorial Sloan-Kettering Cancer

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 2002
295 A.D.2d 136 (N.Y. App. Div. 2002)
Case details for

Abbott v. Memorial Sloan-Kettering Cancer

Case Details

Full title:RUDOLPH ABBOTT, PLAINTIFF-APPELLANT, v. MEMORIAL SLOAN-KETTERING CANCER…

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

Date published: Jun 6, 2002

Citations

295 A.D.2d 136 (N.Y. App. Div. 2002)
742 N.Y.S.2d 830

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