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LEWKOWICZ v. TERENCE CARDINAL COOK HEALTH CTR.

Index No. 153100/20. Appeal No. 17046. Case No. 2021-04033.

212 A.D.3d 443 (2023)

179 N.Y.S.3d 573

2023 NY Slip Op 00061

Richard Lewkowicz, M.D., Appellant, v. Terence Cardinal Cook Health Center et al., Respondents.

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

Decided January 10, 2023.

Attorney(s) appearing for the Case

Bergstein & Ullrich, New Paltz (Stephen Bergstein of counsel), for appellant.

Bond, Schoeneck & King, PLLC, Garden City (Jessica C. Moller of counsel), for respondents.

Concur—Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered April 14, 2021, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to state a claim for age discrimination under the State and City Human Rights Law (Executive Law § 296[1][a]; Administrative Code of City of NY § 8-107[1][a]). While he alleged that he was 79 years old at the time...

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