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Fighter v. Egan

In the Matter of William F. Fighter v. John C. Egan, as Transportation Commissioner of the State of New York

Fighter v. Egan, 223 A.D.2d 516 (1996)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
January 30, 1996
Citations
223 A.D.2d 516637 N.Y.S.2d 9251996 N.Y. App. Div. LEXIS 709

Opinion of the Court

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Judgment, Supreme Court, New York County (Carol Huff, J.), entered on or about January 30, 1995, which denied petitioner’s application pursuant to CPLR article 78 seeking to annul respondent’s determination terminating petitioner’s probationary employment as Civil Engineer III, and dismissed the petition, unanimously affirmed, without costs.

We agree with the IAS Court that petitioner failed to make out a prima facie case of either age discrimination or retaliation. In any event, respondents’ contemporaneous, documentary evidence of petitioner’s unsatisfactory performance in the probationary title rebutted the purported evidence of bad faith, and sufficed to establish as a matter of law that petitioner’s demotion was in good faith (see, Matter of Cohen v Koehler, 82 NY2d 882 ; Matter of Johnson v Katz, 68 NY2d 649 ). We have considered petitioner’s other contentions and find them to be without merit. Concur—Sullivan, J. P., Wallach, Ross and Williams, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2014: 12015: 12016: 120142026peak 2014 · 1

Relies on it most ⓘ

  1. Capece v. Schultz117 A.D.3d 1045 (2014)
  2. Muller v. New York City Dept. of Educ.142 A.D.3d 618 (2016)
  3. Triola v. Daines125 A.D.3d 676 (2015)

Most recent

  1. Muller v. New York City Dept. of Educ.142 A.D.3d 618 (2016)
  2. Triola v. Daines125 A.D.3d 676 (2015)
  3. Capece v. Schultz117 A.D.3d 1045 (2014)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Johnson v. Katz, 496 N.E.2d 223 (N.Y. 1986) 108
Cohen v. Koehler, 631 N.E.2d 113 (N.Y. 1993) 7

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