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CELLA v. FORDHAM UNIVERSITY

Appellate Division of the Supreme Court of New York, First Department.
Jun 18, 1996

Defendant's favorable evaluations of plaintiff's job performance for over a decade and up until the time plaintiff turned 60 years old raise an issue of fact as to whether poor job performance was a pretext for age discrimination ( see, Matter of O'Connor v. Frawley, 175 A.D.2d 781).

Concur — Sullivan, J.P., Milonas, Ross, Tom and Mazzarelli, JJ.