THEODORE T. SCOTT, APPELLANT, v. CITICORP SERVICES, INC., ET AL., RESPONDENTS.

91 N.Y.2d 823, 689 N.E.2d 530, 666 N.Y.S.2d 560 (1997).
November 20, 1997

1 No. 222

[97 NY Int. 0196]
Decided November 20, 1997

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Paul M. Giddins, for appellant.
Bernard M. Plum, for respondents.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Defendants in this race discrimination action moved for summary judgment, and met their burden of rebutting the prima facie case of discrimination by setting forth evidence of an independent, non discriminatory reason for terminating plaintiff's employment. In response, plaintiff did not raise aquestion of fact concerning the falsity of defendants' proffered basis for the termination and that discrimination was more likely the real reason for his termination ( compare, Ferrante v American Lung Assn., ___ NY2d ___ [decided Oct. 23, 1997]). Accordingly, defendants' motion for summary judgment was properly granted.

* * * * * * * * * * * * * * * * *

Order affirmed, with costs, in a memorandum. Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur. Chief Judge Kaye took no part.

Decided November 20, 1997

THEODORE T. SCOTT, APPELLANT, v. CITICORP SERVICES, INC., ET AL., RESPONDENTS.

91 N.Y.2d 823, 689 N.E.2d 530, 666 N.Y.S.2d 560 (1997). November 20, 1997

91 N.Y.2d 823, 689 N.E.2d 530, 666 N.Y.S.2d 560 (1997).
November 20, 1997