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Appellate Division of the Supreme Court of New York, 1996

Cella v. Fordham University

Cella v. Fordham University
Appellate Division of the Supreme Court of New York · Decided June 18, 1996
228 A.D.2d 300; 644 N.Y.2d 53; 644 N.Y.S.2d 53; 1996 N.Y. App. Div. LEXIS 7146; 71 Fair Empl. Prac. Cas. (BNA) 164
Cella v. Fordham University

Opinion of the Court

Defendant’s favorable evaluations of plaintiff’s job performance for over a decade and up until the time plaintiff turned 60 years old raise an issue of fact as to whether poor job performance was a pretext for age discrimination (see, Matter of O’Connor v Frawley, 175 AD2d 781). Concur—Sullivan, J. P., Milonas, Ross, Tom and Mazzarelli, JJ.

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