Opinion
Submitted April 23, 1999
June 7, 1999
In an action, inter alia, to recover damages for sexual discrimination, the defendant appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated April 2, 1998, which denied its motion for summary judgment.
Clifton Budd DeMaria, LLP, New York, N.Y. (Roy W. Gerke of counsel), for appellant.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
There are issues of fact as to whether the reasons put forth by the defendant for its decision to terminate the plaintiff's employment were, in fact, "not its true reasons, but a pretext for discrimination" ( Matter of Miller Brewing Co. v. State Div. of Human Rights, 66 N.Y.2d 937, 939, quoting Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 253; see also, Matter of State Div. of Human Rights v. County of Onondaga Sheriff's Dept., 71 N.Y.2d 623). Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment ( see generally, Zuckerman v. City of New York, 49 N.Y.2d 557).