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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46921 Justice Roman HAVING SERVED as chairman of defendant medical center’s department of dentistry for more than 30 years, plaintiff negotiated an employment and retirement agreement. Shortly thereafter, plaintiff wrote and distributed to other departmental heads a memorandum critical of the medical center’s administration. The medical center’s president terminated plaintiff’s employment on the ground that the memorandum constituted insubordination. Plaintiff brought suit for breach of contract and age discrimination. The court granted the medical center’s motion for summary judgment, ruling that it had a legitimate, nondiscriminatory reason and just cause for terminating plaintiff’s employment. In addition to finding the memorandum to be clearly insubordinate on its face, the court determined that although plaintiff was 72 years old when he was terminated and replaced by someone 60 years old, plaintiff failed to come forward with evidence of age discrimination sufficient to overcome summary judgment.

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