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Scott v. Citicorp Services Inc.

91 N.Y.2d 823 Court N.Y. Decision date 1997-11-20 English

Contents

Majority

p. 823
[689 NE2d 530, 666 NYS2d 560]
Theodore T. Scott, Appellant, v Citicorp Services Inc. et al., Respondents.
Argued October 16, 1997;
decided November 20, 1997
p. 825
APPEARANCES OF COUNSEL
Giddins, Claman & Langs, L. L. P., New York City (Paul M. Giddins of counsel), for appellant.
Proskauer Rose Goetz & Mendelsohn, L. L. P., New York City (Bernard M. Plum and Katharine H. Parker of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Defendants in this race discrimination action moved for summary judgment, and met their burden of rebutting the prima facie case of discrimination by setting forth evidence of an independent, nondiscriminatory reason for terminating plaintiff s employment. In response, plaintiff did not raise a question of fact concerning the falsity of defendants’ proffered basis for the termination and that discrimination was more likely the real reason for his termination (compare, Ferrante v American Lung Assn., 90 NY2d 623 ). Accordingly, defendants’ motion for summary judgment was properly granted.

Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur; Chief Judge Kaye taking no part.

Order affirmed, with costs, in a memorandum.

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