Cella v. Fordham University

Full title: FRANK CELLA, Respondent, v. FORDHAM UNIVERSITY, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 18, 1996

228 A.D.2d 300 (N.Y. App. Div. 1996)

644 N.Y.S.2d 53

Opinion

June 18, 1996

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

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 A.D.2d 781).

Concur — Sullivan, J.P., Milonas, Ross, Tom and Mazzarelli, JJ.