Landlord Didn't Fire Elevator Operator Because of His Age

November 1, 2003

LVT Number: 16901

Former building elevator operator sued landlord after he was fired, claiming age discrimination. He was 64 years old when he lost his job. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Landlord presented substantial proof that the employee abused the company's sick leave policy, was absent excessively, and performed his job poorly. The employee attempted to submit letters from tenants as proof that he was qualified for his job. The court couldn't consider this proof. It could consider only sworn statements.

Former building elevator operator sued landlord after he was fired, claiming age discrimination. He was 64 years old when he lost his job. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Landlord presented substantial proof that the employee abused the company's sick leave policy, was absent excessively, and performed his job poorly. The employee attempted to submit letters from tenants as proof that he was qualified for his job. The court couldn't consider this proof. It could consider only sworn statements.

Aksamit v. 772 Park Ave. Corp.: NYLJ, 10/22/03, p. 23, col. 3 (S.D.N.Y.; Casey, J)

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