Opinion
17046 Index No. 153100/20 Case No. 2021-04033
01-10-2023
Dr. Richard LEWKOWICZ, M.D., Plaintiff–Appellant, v. TERENCE CARDINAL COOK HEALTH CENTER et al., Defendants–Respondents.
Bergstein & Ullrich, New Paltz (Stephen Bergstein of counsel), for appellant. Bond, Schoeneck & King, PLLC, Garden City (Jessica C. Moller of counsel), for respondents.
Bergstein & Ullrich, New Paltz (Stephen Bergstein of counsel), for appellant.
Bond, Schoeneck & King, PLLC, Garden City (Jessica C. Moller of counsel), for respondents.
Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.
Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered April 14, 2021, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs. Plaintiff failed to state a claim for age discrimination under the State and City Human Rights Law ( Executive Law § 296[1][a] ; Administrative Code of City of New York § 8–107[1][a]). While he 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 (see Massaro v. Department of Educ. of the City of N.Y., 121 A.D.3d 569, 570, 993 N.Y.S.2d 905 [1st Dept. 2014], lv denied 26 N.Y.3d 903, 2015 WL 5150744 [2015] ; Askin v. Department of Educ. of the City of N.Y., 110 A.D.3d 621, 622, 973 N.Y.S.2d 629 [1st Dept. 2013] ). Nothing in the pleading supports his contention that the articulated reason for termination was a pretext for discrimination.