| Nura v International Shoppes, LLC |
| 2015 NY Slip Op 05920 [130 AD3d 697] |
| July 8, 2015 |
| Appellate Division, Second Department |
[*1]
| Elsa Nura, Appellant, v International Shoppes,LLC, Respondent. |
Warren S. Hecht, Forest Hills, N.Y., for appellant.
Archer & Greiner, P.C., New York, N.Y. (Michael S. Horn of counsel), forrespondent.
In an action to recover damages for discrimination in employment on the basis of ageand national origin in violation of Executive Law § 296, the plaintiffappeals from an order of the Supreme Court, Queens County (Livote, J.), dated April 2,2014, which granted the defendant's motion for summary judgment dismissing thecomplaint.
Ordered that the order is affirmed, with costs.
To establish prima facie entitlement to judgment as a matter of law dismissing acause of action alleging discrimination, the "defendants must demonstrate eitherplaintiff's failure to establish every element of intentional discrimination, or, havingoffered legitimate, nondiscriminatory reasons for their challenged actions, the absence ofa material issue of fact as to whether their explanations were pretextual" (Forrest v Jewish Guild for theBlind, 3 NY3d 295, 305 [2004]; see Michno v New York Hosp. Med. Ctr. of Queens, 71 AD3d746 [2010]; Apiado vNorth Shore Univ. Hosp. [At Syosset], 66 AD3d 929 [2009]; Balsamo v Savin Corp., 61AD3d 622 [2009]; DeFrancis v North Shore Plainview Hosp., 52 AD3d 562[2008]; Morse v Cowtan &Tout, Inc., 41 AD3d 563 [2007]).
Here, the defendant established its prima facie entitlement to judgment as a matter oflaw by demonstrating that the plaintiff was transferred to another store for a legitimate,nondiscriminatory reason consisting of her problems with coworkers and leaving thestore unattended. In opposition, the plaintiff failed to raise a triable issue of fact as towhether the defendant's explanation for her transfer was false or unworthy of belief, orwas a pretext for discrimination (see Michno v New York Hosp. Med. Ctr. of Queens, 71 AD3d746 [2010]; Apiado vNorth Shore Univ. Hosp. [At Syosset], 66 AD3d 929 [2009]; DeFrancis v North Shore PlainviewHosp., 52 AD3d 562 [2008]; Morse v Cowtan & Tout, Inc., 41 AD3d 563 [2007]).Accordingly, the Supreme Court properly granted the defendant's motion for summaryjudgment dismissing the complaint. Dillon, J.P., Leventhal, Cohen and Maltese, JJ.,concur.