Levine v. Feldman
Opinion of the Court
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 13, 1994, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of reinstating the cause of action under the Human Rights Law, and otherwise affirmed, without costs.
Summary judgment on plaintiff’s Human Rights Law cause of action was premature, since, without the benefit of any disclosure, plaintiff cannot prove that defendants’ claim of economic necessity is a pretext for a termination that was actually motivated by age discrimination (see, Parkoff v General Tel. & Elec. Corp., 53 NY2d 412, 416-418; Ioele v Alden Press, 145 AD2d 29, 36-37). The remainder of plaintiff’s causes of action were properly dismissed. Any common law contract rights plaintiff might have to receive benefits under defendant
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