Opinion
January 30, 1996
Appeal from the Supreme Court, New York County (Carol Huff, J.).
We agree with the IAS Court that petitioner failed to make out a prima facie case of either age discrimination or retaliation. In any event, respondents' contemporaneous, documentary evidence of petitioner's unsatisfactory performance in the probationary title rebutted the purported evidence of bad faith, and sufficed to establish as a matter of law that petitioner's demotion was in good faith ( see, Matter of Cohen v Koehler, 82 N.Y.2d 882; Matter of Johnson v Katz, 68 N.Y.2d 649). We have considered petitioner's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Ross and Williams, JJ.