Practice point: The Appellate Division affirmed dismissal, finding that defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that plaintiff was transferred to another store for a legitimate, nondiscriminatory reason consisting of her problems with coworkers and leaving the store unattended. In opposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant's explanation for her transfer was false or unworthy of belief, or was a pretext for discrimination.
Student note: To establish prima facie entitlement to judgment as a matter of law dismissing a cause of action alleging discrimination, a defendant must demonstrate either plaintiff's failure to establish every element of intentional discrimination, or, having offered legitimate, nondiscriminatory reasons for their challenged actions, the absence of a material issue of fact as to whether their explanations were pretextual.
Case: Nura v. International Shoppes, LLC, NY Slip Op 05920 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Summary judgment in an action to enforce a written guaranty.