Mezinev v. Donald Smith & Co.

Summary

The Appellate Division, First Department modified an order granting summary judgment to defendants in an employment discrimination action. It reinstated the plaintiff's claims for familial-status discrimination under the New York State Human Rights Law and caregiver-status discrimination under the New York City Human Rights Law, finding issues of fact concerning comments and actions related to the plaintiff's custody proceedings and personal circumstances. The court affirmed dismissal of the national-origin discrimination claims.

Holdings

1. The Dead Man's Statute did not bar consideration of Mezinev's testimony because his testimony was not the only evidence offered to defeat summary judgment.
2. Defendants were entitled to summary judgment on the national-origin discrimination claims because plaintiff failed to raise a genuine issue that defendants' stated performance-based reasons were pretextual or that national origin motivated the termination.
3. Summary judgment was improper on the familial-status and caregiver-status claims because the record presented issues of fact from which a reasonable factfinder could conclude that defendants' stated reasons were pretextual and that Mezinev was terminated because of his familial or caregiver status.

Questions Presented

1. Whether the Dead Man's Statute barred consideration of Mezinev's testimony about statements made by the deceased Donald Smith.
2. Whether defendants were entitled to summary judgment on Mezinev's national-origin discrimination claims under the New York State and New York City Human Rights Laws.
3. Whether issues of fact precluded summary judgment on Mezinev's familial-status discrimination claim under the New York State Human Rights Law and caregiver-status discrimination claim under the New York City Human Rights Law.

Disposition

other