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STEPHENS v. ISABELLA GERIATRIC CENTER, INC.

10519. 303716/14.

178 A.D.3d 478 (2019)

114 N.Y.S.3d 331

2019 NY Slip Op 08795

Monte Stephens, Appellant, v. Isabella Geriatric Center, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2019.

Attorney(s) appearing for the Case

Keenan & Bhatia, LLC, New York, (Edward (E.E.) Keenan of counsel), for appellant.

Peckar & Abramson, P.C., New York (Kevin J. O'Connor of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.

Plaintiff asserts that he was terminated from his employment at defendant Isabella Geriatric Center as a certified nursing assistant shortly after he stated during an August 2011 performance evaluation meeting that defendant Mariam Paul, who was the director of nursing at Isabella, was "very biased" and that he intended to take a copy of his evaluation "to Human Rights." Assuming that plaintiff made out a prima facie case of retaliation based on these facts (see Albunio...

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