Opinion
June 1, 1998
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.
There are triable issues of fact as to whether the plaintiff was replaced by a younger person and whether the reason advanced by the defendants for his discharge was, in fact, a pretext ( see, Mayer v. Manton Cork Corp., 126 A.D.2d 526). Thus, the defendants did not establish their entitlement to judgment as a matter of law.
O'Brien, J. P., Pizzuto, Joy and Florio, JJ., concur.