From Casetext: Smarter Legal Research

Evans v. Rosa Lee Young Childhood Center, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 2000
276 A.D.2d 523 (N.Y. App. Div. 2000)

Opinion

Argued September 15, 2000

October 10, 2000.

In an action to recover damages for breach of contract and for racial and religious discrimination under the New York State Human Rights Law (Executive Law § 296), the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Connell, J.), entered June 30, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Storch Amini Munves, P.C., New York, N.Y. (Norman Trabulus of counsel), for appellant.

Hoey, King, Toker Epstein, New York, N.Y. (Howard B. Cohen of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

After the defendant made out a prima facie case for summary judgment, the plaintiff failed to raise a triable issue of fact as to whether she was discharged without good cause. Accordingly, her breach of contract claim was properly dismissed. Additionally, the plaintiff failed to raise a triable issue of fact as to her claim of racial and religious discrimination, as she did not demonstrate that circumstances surrounding her discharge gave rise to an inference of such discrimination (see, Ferrante v. American Lung Assoc., 90 N.Y.2d 623, 625; see also, McDonnell Douglas Corp. v. Green, 411 U.S. 792).

The plaintiff's remaining contentions are without merit.


Summaries of

Evans v. Rosa Lee Young Childhood Center, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 2000
276 A.D.2d 523 (N.Y. App. Div. 2000)
Case details for

Evans v. Rosa Lee Young Childhood Center, Inc.

Case Details

Full title:DENISE EVANS, APPELLANT, v. ROSA LEE YOUNG CHILDHOOD CENTER, INC.…

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

Date published: Oct 10, 2000

Citations

276 A.D.2d 523 (N.Y. App. Div. 2000)
716 N.Y.S.2d 579

Citing Cases

Mace v. Smithtown Cent. Sch. Dist.

Mr. Ehmann testified at his deposition on January 23, 2012 that plaintiff was replaced by an interim…

Delpapa v. Queensborough Community College

hallenged actions, the absence of a material issue of fact as to whether the explanations proffered by the…