MAGUIRE v. QUAKER RIDGE GOLF CLUB INC (2003)

Supreme Court, Appellate Division, Second Department, New York.

Mary Ann MAGUIRE, appellant, v. QUAKER RIDGE GOLF CLUB, INC., respondent.

Decided: June 02, 2003

FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.

Greenfield Stein & Senior, LLP, New York, N.Y. (Paul T. Shoemaker and Elana L. Damer of counsel), for appellant. Jackson Lewis, LLP, White Plains, N.Y. (Joseph A. Saccomano, Jr., and Jonathan M. Kozak of counsel), for respondent Quaker Ridge Golf Club, Inc.

In an action pursuant to Executive Law § 296 alleging discrimination based on gender, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered May 17, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

In support of its motion for summary judgment dismissing the complaint, the defendant made a prima facie showing that its failure to grant the plaintiff post-employment benefits was not the result of gender discrimination (see Ferrante v. American Lung Assn., 90 N.Y.2d 623, 665 N.Y.S.2d 25, 687 N.E.2d 1308; Liebowitz v. Luitpold Pharms., 288 A.D.2d 352, 734 N.Y.S.2d 459). In opposition, the plaintiff failed to raise a triable issue of fact as to whether the proffered reasons for the defendant's actions were pretextual. Therefore, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

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