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LYN ROLLINS, plf-res, v. FENCERS CLUB, INC. def-ap

12973. LYN ROLLINS, plf-res, v. FENCERS CLUB, INC. def-ap — Miranda Sambursky Slone Sklarin, Verveniotis LLP, Mineola (Michael A. Miranda of counsel), for ap — Schwartz & Perry, LLP, New York (Brian Heller of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered August 15, 2013, which denied defendants' motion for summary judgment dismissing the complaint alleging age-based discrimination in violation of the New York City Human Rights Law, affirmed, without costs.

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12973. LYN ROLLINS, plf-res, v. FENCERS CLUB, INC. def-ap — Miranda Sambursky Slone Sklarin, Verveniotis LLP, Mineola (Michael A. Miranda of counsel), for ap — Schwartz & Perry, LLP, New York (Brian Heller of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered August 15, 2013, which denied defendants’ motion for summary judgment dismissing the complaint alleging age-based discrimination in violation of the New York City Human Rights Law, affirmed, without costs.

It is essentially undisputed that plaintiff has made out the first three elements of a prima facie case of discrimination by showing that, aged 58 at the time of her hiring, she was a member of a protected class based on her age, was qualified for the position of Executive Director of defendant Club, and was terminated and thereby subjected to a disadvantageous employment action (see Askin v. Department of Educ. of the City of N.Y., 110 AD3d 621, 622 [1st Dept 2013]). Contrary to our dissenting colleague, we conclude that the fourth element of a prima facie case of discrimination, namely, that plaintiff was disadvantaged under circumstances giving rise to an inference of discrimination, is sufficiently made out to warrant a trial.

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