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 AD2d 781). Concur—Sullivan, J. P., Milonas, Ross, Tom and Mazzarelli, JJ.
Frank Cella, Respondent, v. Fordham University, Appellant
228 A.D.2d 300644 N.Y.S.2d 53
Authorities cited
No cited authorities resolved to law.co cases yet.