In Lewkowicz v. Terence Cardinal Cook Health Center et al, No. 153100/20, 17046, 2021-04033, 2023 N.Y. Slip Op. 00061, 2023 WL 138824 (N.Y.A.D. 1 Dept. Jan. 10, 2023), the New York Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s complaint, which alleged age discrimination under the New York State and City Human Rights Laws. In a rather terse decision, the court explained that “[w]hile [plaintiff] alleged that he was 79 years old at the time defendants terminated his employment, he did not otherwise set forth any factual allegations showing that he was terminated under circumstances that gave rise to an inference of discrimination” and “[n]othing in the pleading supports his contention that the articulated reason for termination was a pretext for discrimination.”
Age Discrimination Claim Properly Dismissed, First Department Holds
