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PARK v. KURTOSYS SYS., INC.

Index No. 151068/18, Appeal No. 16215, Case No. 2021-04795.

206 A.D.3d 570 (2022)

168 N.Y.S.3d 829

2022 NY Slip Op 04129

Carol Park, Appellant, v. Kurtosys Systems, Inc., et al., Respondents.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Rafkin Esq., PLLC, New York (Seth A. Rafkin of counsel), for appellant.

Jackson Lewis P.C., White Plains (Michael A. Frankel of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.

Defendants demonstrated a legitimate, nondiscriminatory reason—poor performance—for terminating plaintiff's employment (see Hudson v Merrill Lynch & Co., Inc., 138 A.D.3d 511, 514-515 [1st Dept 2016], lv denied 28 N.Y.3d 902 [2016]). They showed that, based on her previous experience generating sales and building a pipeline of clients, plaintiff was hired as the director...

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