Carchidi v. Kenmore Development
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Anthony P. Carchidi appeals from the district court’s summary judgment order and judgment as a matter of law dismissing all of his claims. We assume the parties’ familiarity with the underlying facts, procedural history and specification of appellate issues and hold as follows.
Carchidi alleged that his former employer discriminated against him on the basis of his race, color, and national origin in violation of Title VII by subjecting him to unequal terms and conditions of employment and terminating him from his job in retaliation for his complaints about the alleged discrimination.
The district court dismissed Carchidi’s retaliation claim on summary judgment based on Carchidi’s failure to establish a prima facie case. This court reviews the district court’s decision to grant summary judgment de novo. James v. New York Racing Ass’n, 233 F.3d 149, 152 (2d Cir. 2000). In making our determination we
The district court dismissed Carchidi’s remaining Title VII discrimination claim by granting judgment as a matter of law after the presentation of evidence to a jury. We review the district court’s judgment as a matter of law de novo. Toporoff Eng’rs, P.C. v. Fireman’s Fund Ins. Co., 371 F.3d 105, 108 (2d Cir. 2004). Viewing the evidence in the light most favorable to the non-moving party, a court will grant a judgment as a matter of law when the evidence is insufficient to permit a reasonable juror to find in the non-moving party’s favor. Kirsch v. Fleet Street, Ltd., 148 F.3d 149, 161 (2d Cir. 1998). We have reviewed the record and the arguments raised in Carchidi’s brief and hold that the evidence, viewed in the light most favorable to Carchidi, is insufficient to permit a reasonable juror to find in Carchidi’s favor.
We have considered Carchidi’s remaining arguments and find them to be without merit.
We therefore affirm the judgment of the district court.
Reference
- Full Case Name
- Anthony P. CARCHIDI v. KENMORE DEVELOPMENT
- Status
- Published