Anthony Sutera v. Schering Corp., 73 F.3d 13 (1995). · Go Syfert
Anthony Sutera v. Schering Corp., 73 F.3d 13 (1995). Cases Citing This Book View Copy Cite
“the district court must draw all reasonable inferences and resolve all ambiguities in favor of the nonmoving party and grant summary judgment only if no reasonable trier of fact could find in favor of the nonmoving party.”
146 citation events (85 in the last 25 years) across 10 distinct courts.
Strongest positive: Speed v. Long Island Railroad Company (nysd, 2021-12-10)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Speed v. Long Island Railroad Company
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
the district court must draw all reasonable inferences and resolve all ambiguities in favor of the nonmoving party and grant summary judgment only if no reasonable trier of fact could find in favor of the nonmoving party
examined Cited as authority (verbatim quote) Webber v. Dash
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
the district court must draw all reasonable inferences and resolve all ambiguities in favor of the nonmoving party and grant summary judgment only if no reasonable trier of fact could find in favor of the nonmoving party.
examined Cited as authority (verbatim quote) Dubai Islamic Bank v. Citibank, N.A. (2×) also: Cited as authority (rule)
S.D.N.Y. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
um-mary judgment was entered before any discovery had taken place. in these circumstances, it cannot be said that plaintiff had a full and fair opportunity to show that articulated reason for his dismissal was pretextual
discussed Cited as authority (rule) Tatum Minerva v. EmblemHealth, Jennifer Truscott, and Bari Pulcini
E.D.N.Y · 2025 · confidence medium
With that standard in mind, the Court’s job at this stage is not to try the facts but instead to merely “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir. 1984)).
discussed Cited as authority (rule) Wells Fargo Bank National Association as Trustee for the Holders of COMM 2014-UBS6 Mortgage Trust Commercial Mortgage Pass-Through Certificates, by and through its Special Servicer, LNR Partners LLC v. 366 Realty LLC; Joshua Mizrahi; Criminal Court of the City of New York; NYC Environmental Control Board; New York City Department of Finance; and Kassin Sabbagh Realty LLC
E.D.N.Y · 2025 · confidence medium
In determining whether a fact is genuinely disputed, the court “is not to weigh the evidence but is instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments.” Weyant v. Okst, 101 F.3d 845, 854 (2d Cir. 1996); Sutera v. Schering Corp., 73 F.3d 13, 15-16 (2d Cir. 1995) (explaining that a court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but merely to “determine whether there are issues of f…
discussed Cited as authority (rule) Daniels v. Hofstra University
E.D.N.Y · 2025 · confidence medium
In addressing the merits of a summary judgment motion, the court’s role is not to resolve issues of fact, but to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995).
discussed Cited as authority (rule) Carter-Marks v. Alstom Transport USA Inc
E.D.N.Y · 2025 · confidence medium
In determining whether a fact is genuinely disputed, the Court “is not to weigh the evidence but is instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments.” Weyant v. Okst, 101 F.3d 845, 854 (2d Cir. 1996); Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (explaining that a court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but merely to “determine whether there are issues of fact…
discussed Cited as authority (rule) Espinoza v. Foundry Workers LLC
E.D.N.Y · 2025 · confidence medium
In determining whether a fact is genuinely disputed, the Court “is not to weigh the evidence but is instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments.” Weyant v. Okst, 101 F.3d 845, 854 (2d Cir. 1996); Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (explaining that a court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but merely to “determine whether there are issues of fact…
cited Cited as authority (rule) Woods v. DOE
W.D.N.Y. · 2025 · confidence medium
Sutera v. Schering Corp., 73 F.3d 13, 18 (2d Cir. 1995).
discussed Cited as authority (rule) Barbier v. Raimondo
S.D.N.Y. · 2024 · confidence medium
The Court may grant summary judgment “only if no reasonable trier of fact could find in favor of the nonmoving party.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995); 7 Barbier objects to the EEOC decision as hearsay.
discussed Cited as authority (rule) Office Create Corporation v. 1st Playable Productions, LLC
N.D.N.Y. · 2024 · confidence medium
“Only in the rarest of cases may summary judgment be granted against a plaintiff who has not been afforded the opportunity to conduct discovery.” Id. (citing Sutera v. Schering Corp., 73 F.3d 13, 18 (2d Cir.1995); Meloff v. New York Life Ins.
discussed Cited as authority (rule) Mirlis v. Edgewood Elm Housing, Inc. (2×)
D. Conn. · 2022 · confidence medium
Id. at 18 (citations and internal quotation marks omitted).
cited Cited as authority (rule) Cao v. Landco H&L Inc.
E.D.N.Y · 2022 · confidence medium
Marquis-Abrams v. City of New York, 46 F. Supp. 3d 176, 188 (E.D.N.Y. 2014) (quoting Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995)) (emphasis in original).
discussed Cited as authority (rule) Alcantara v. Donaghue
E.D.N.Y · 2022 · confidence medium
Courts do not try issues of fact at the summary judgment stage, but instead merely “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir. 1984)).
discussed Cited as authority (rule) Murphy v. Murphy
E.D.N.Y · 2022 · confidence medium
See Hellstrom, 201 F.3d at 97 (finding the grant of summary judgment premature where the plaintiff “was prejudiced in his efforts to accumulate needed evidence because he was denied the opportunity to conduct discovery”); Sutera v. Schering Corp., 73 F.3d 13, 18 (2d Cir. 1995) (reversing summary judgment granted “before any discovery had taken place”).
discussed Cited as authority (rule) Park v. Dynamic Recovery Solutions, LLC
E.D.N.Y · 2021 · confidence medium
Courts do not try issues of fact at the summary judgment stage, but instead merely “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir. 1984)).
discussed Cited as authority (rule) Smaia v. Nationwide Credit, Inc.
E.D.N.Y · 2021 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir. 1984)).
discussed Cited as authority (rule) Coleman v. Grand
E.D.N.Y · 2021 · confidence medium
Courts do not try issues of fact at the summary judgment stage, but instead merely “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir. 1984)).
discussed Cited as authority (rule) Howard v. Consolidated Edison Company of New York, Inc.
E.D.N.Y · 2021 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir. 1984)).
discussed Cited as authority (rule) Lynch v. New York State Urban Development Corporationet al
E.D.N.Y · 2019 · confidence medium
Marquis-Abrams v. City of New York, 46 F. Supp. 3d 176, 188 (E.D.N.Y. 2014) (quoting Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir. 1995)) (emphasis original). | A □ Not all facts, however, are material.
cited Cited as authority (rule) Baity v. Kralik
S.D.N.Y. · 2014 · confidence medium
In essence, Defendants need to “articulate a legitimate nondiscriminatory reason for its employment decision.” Sut era v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995).
discussed Cited as authority (rule) S.W. ex rel. Marquis-Abrams v. City of New York
E.D.N.Y · 2014 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Sobering Corp., 73 F.3d 13,16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Yong Ki Hong v. KBS America, Inc.
E.D.N.Y · 2013 · confidence medium
“In deciding a motion for summary judgment, the court cannot try issues of fact but can only determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (internal quotations omitted) (emphasis in original).
discussed Cited as authority (rule) Jewish Community Center v. Trumbull Insurance
E.D.N.Y · 2013 · confidence medium
“In deciding a motion for summary judgment, ‘the court cannot try issues of fact but can only determine whether there are issues of fact to be tried.’ ” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)) (emphasis in original).
discussed Cited as authority (rule) Eric M. Berman, P.C. v. City of New York
E.D.N.Y · 2012 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995).
discussed Cited as authority (rule) Moore v. Diversified Collection Services, Inc.
E.D.N.Y · 2012 · confidence medium
DISCUSSION The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (internal citations omitted).
cited Cited as authority (rule) Giacopelli v. Incorporated Village of Malverne
E.D.N.Y · 2011 · confidence medium
Sept. 30, 2011) (citing Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995)).
discussed Cited as authority (rule) Sanders v. Szubin
E.D.N.Y · 2011 · confidence medium
The court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 15-16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Simon v. City of New York
E.D.N.Y · 2011 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Brooklyn Heights Ass'n v. National Park Service
E.D.N.Y · 2011 · confidence medium
To decide whether summary judgment is proper, “the court cannot try issues of fact but can only determine whether there are issues of fact to be tried.” Sutera v. Sobering Corp., 73 F.3d 13, 15-16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Martin v. City of New York
E.D.N.Y · 2011 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Muset v. Ishimaru
E.D.N.Y · 2011 · confidence medium
Summary Judgment Standard In assessing the merits of a summary judgment motion, a court’s duty is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 15-16 (2d Cir.1995).
discussed Cited as authority (rule) Escobar v. City of New York
E.D.N.Y · 2011 · confidence medium
DISCUSSION A. Summary Judgment Standard The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (internal quotation marks omitted) (emphasis in original).
discussed Cited as authority (rule) Ghaly v. U.S. Department of Agriculture
E.D.N.Y · 2010 · confidence medium
SUMMARY JUDGMENT A. Standard of Review The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (internal quotation marks omitted) (emphasis in original).
discussed Cited as authority (rule) Miller v. NATIONAL ASS'N OF SECURITIES DEALERS
E.D.N.Y · 2010 · confidence medium
DISCUSSION A. Summary Judgment Standard The Court’s responsibility in assessing the merits of a summary judgment motion *242 is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (internal quotation marks omitted) (emphasis in original).
discussed Cited as authority (rule) U.S. Underwriters Insurance v. Landau
E.D.N.Y · 2010 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Kanhoye v. Altana Inc.
E.D.N.Y · 2009 · confidence medium
Standard for Summary Judgment The Court’s responsibility in assessing the merits of a summary judgment motion is not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting *206 Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Coastal Communications Service, Inc. v. City of New York
E.D.N.Y · 2009 · confidence medium
The Court’s responsibility in assessing the *437 merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Guideone Specialty Mutual Insurance v. Congregation Adas Yereim
E.D.N.Y · 2009 · confidence medium
In assessing the merits of a summary judgment motion, “the court cannot try issues of fact but can only determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Okolie v. Paikoff
E.D.N.Y · 2008 · confidence medium
The court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Dart Mechanical Corp. v. XL Specialty Insurance
E.D.N.Y · 2008 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Brewton v. City of New York
E.D.N.Y · 2008 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be. tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
discussed Cited as authority (rule) Tri-County Motors, Inc. v. American Suzuki Motor Corp.
E.D.N.Y · 2007 · confidence medium
The Court’s responsibility in assessing the merits of a summary judgment motion is thus not to try issues of fact, but rather to “determine whether there are issues of fact to be tried.” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (quoting Katz v. Goodyear Tire & Rubber Co., 737 F.2d 238, 244 (2d Cir.1984)).
cited Cited as authority (rule) Sereika v. Patel
S.D.N.Y. · 2006 · confidence medium
Co., 51 F.3d 372, 375 (2d Cir. 1995); Sutera v. Sobering Corp., 73 F.3d 13, 18 (2d Cir.1995) (reversing summary judgment entered before any discovery had taken place); George C.
discussed Cited as authority (rule) Calabro v. Westchester BMW, Inc. (2×) also: Cited "see, e.g."
S.D.N.Y. · 2005 · confidence medium
See Holtz, 258 F.3d at 78; Sutera v. Schering Corp., 73 F.3d 13, 17 (2d Cir.1995).
discussed Cited as authority (rule) Zakre v. Norddeutsche Landesbank Girozentrale
S.D.N.Y. · 2005 · confidence medium
The “showing the plaintiff must make as to the elements of the prima facie case in order to defeat a motion for summary judgment is de minimis. ” Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995) (internal quotation and citation omitted).
discussed Cited as authority (rule) Cement & Concrete Workers District Council Pension Fund v. Ulico Casualty Co.
E.D.N.Y · 2005 · confidence medium
A. Scope of Discovery The plaintiffs first object that this case is not ripe for a summary judgment motion because they did not have an opportunity to “discover information that is essential to [their] opposition to the motion.” Sutera v. Schering Corp., 73 F.3d 13, 18 (2d Cir.1995) (internal citations and quotation marks omitted).
cited Cited as authority (rule) Ford v. Reynolds
E.D.N.Y · 2004 · confidence medium
Id. at 254-255 , 106 S.Ct. 2505 ; Sutera v. Schering Corp., 73 F.3d 13, 16 (2d Cir.1995).
discussed Cited as authority (rule) Andrea Doreen Ltd. v. Building Material Local Union 282 (2×)
E.D.N.Y · 2004 · confidence medium
Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Sutera v. Schering Corp., 73 F.3d 13, 15 (2d Cir.1995) (citations omitted).
discussed Cited as authority (rule) Valley National Bank v. Greenwich Insurance
S.D.N.Y. · 2003 · confidence medium
As the Second Circuit has explained, this rule exists because of the belief that “[a] party opposing a motion for summary judgment must have had the opportunity to discover information that is essential to its opposition to the motion.” Sutera v. Sobering Corp., 73 F.3d 13, 18 (2d Cir.1995) (citations omitted); see also Bonnie & Co. Fashions, Inc. v. Bankers Trust Co., 945 F.Supp. 693, 706 (S.D.N.Y.1996) (“Rule 56(f) requires courts to ensure that parties have a reasonable opportunity to make their record before ruling on a motion for summary judgment”).
Retrieving the full opinion text from the archive…
Anthony SUTERA, Plaintiff-Appellant,
v.
SCHERING CORPORATION, Defendant-Appellee
Kevin D. Moloney, White Plains, New York (Benjamin R. Anker, \White Plains
Newman, Lumbard, Cabranes.
New York
JOSÉ A. CABRANES, Circuit Judge:

We consider whether, in the circumstances presented, it was appropriate to enter summary judgment for defendant on plaintiffs claims of age discrimination. Plaintiff Anthony J. Sutera brought this action against his former employer, defendant Schering Corporation (“Schering”), alleging termination of his employment in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (1988) (“ADEA”), and the New York Human Rights Law, N.Y. Exec. Law § 290 et seq. 1 The United States District Court for the Southern District of New York (Charles L. Brieant, Judge) granted summary judgment in favor of defendant and dismissed plaintiffs claims on the ground that Schering had asserted an adequate basis for Sutera’s discharge.

On appeal, Sutera contends that summary judgment was inappropriate because (1) he established a prima facie case of unlawful age discrimination, and (2) there exist genuine issues of material fact as to whether defendant’s articulated reason for discharging plaintiff was a pretext for discrimination. We agree and therefore vacate the judgment and remand the cause for further proceedings.

I. Background

The following facts are not disputed by the parties. Sutera was hired by Schering in 1961 and worked as a sales representative for Schering for more than thirty years. His duties included marketing Schering’s pharmaceutical products by visiting physicians and providing them with information and product samples.

[*15] Since the passage of the Prescription Drug Marketing Act of 1987, 21 U.S.C. § 301 et seq., the provision of samples to physicians has been strictly regulated by the federal government. The statute requires pharmaceutical companies to keep precise records of the distribution of pharmaceutical products. See 21 U.S.C. § 853(d)(2)(B). Under Seher-ing’s compliance policy, orders from physicians for Sehering samples are submitted to Sehering on so-called Focus Cards. Scher-ing requires that a physician sign the Focus Cards and that the sales representative mail to Sehering on a daily basis the signed Cards he has collected. When Sutera visited a physician’s office he would either witness the physician signing the Focus Cards or give the Cards to a member of the physician’s staff to bring it to the physician for signature.

The events leading to Sutera’s termination began on June 16, 1992, when Sutera was making calls to customers with his immediate supervisor, Annabelle Suarez. After Sutera and Suarez made several calls, Suarez discovered signed, unsubmitted Focus Cards — dated weeks or months before — in the back of Sutera’s car. Suarez immediately questioned Sutera about the Cards. Sutera explained that on occasion a physician would sign in the wrong signature box or Sutera would misplace a signed original. Sutera would request that the physician sign an additional Card, submit this second Card to Sehering, and retain the original. Following her discovery of the unsubmitted Focus Cards, Suarez compared the physician signatures on the unsubmitted cards to the signatures on Sut-era’s submitted cards and found discrepancies. Suarez obtained written statements from three physicians who asserted that the signatures appearing on the Focus Cards found in Sutera’s car were not their own.

Sutera was fired on July 31,1992. He was informed that he was being discharged because of the irregularities in physician signatures on Focus Cards. After he was fired, Sutera obtained a statement from one of the three doctors from whom Suarez had previously obtained a written statement to the effect that a disputed signature might actually be genuine.

At the time of his discharge, Sutera was sixty-six years old. He was making a base salary of $47,300, plus commissions and a share in a profit sharing plan. In addition, he was entitled to six weeks of yearly vacation, ninety days per year in sick time, and other benefits. Newly hired sales representatives begin their employment at approximately half of Sutera’s base salary, do not make commissions, do not participate in profit sharing, and are entitled only to two weeks of yearly vacation and minimal sick leave. Sutera was replaced by a younger individual at a lower base salary.

Sutera filed this action on August 23,1994. At a status conference on November 11, 1994, the parties agreed to a discovery schedule, under which interrogatories and requests for production of documents were to be served by December 31, 1994, and responses were to be served by January 30,1995. Discovery was to be completed by May 30,1995.

On December 27, 1994, before any discovery had taken place, Sehering moved for summary judgment. Although the district court did not enter an order barring discovery while the motion was under consideration, the parties effectively abandoned their discovery schedule during the pendency of the motion for summary judgment. On March 7, 1995, the district court entered a Memorandum and Order granting Schering’s motion and dismissing Sutera’s complaint in its entirety. This appeal followed.

II. Discussion

A. Standard of Review

We review the district court’s grant of summary judgment de novo. Gallien v. Connecticut Gen. Life Ins. Co., 49 F.3d 878, 881 (2d Cir.1995). Summary judgment is appropriate if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509, 91 L.Ed.2d 202 (1986). In deciding a motion for summary judgment, “the court cannot try [*16] issues of fact but can only determine whether there are issues of fact to be tried.” Katz v. Goodyear Tire and Rubber Co., 737 F.2d 238, 244 (2d Cir.1984) (internal quotation marks omitted). The district court must draw all reasonable inferences and resolve all ambiguities in favor of the nonmoving party and grant summary judgment only if no reasonable trier of fact could find in favor of the nonmoving party. Taggart v. Time Inc., 924 F.2d 43, 46 (2d Cir.1991).

B. Employment Discrimination and Burden-Shifting Analysis

The ADEA makes it “unlawful for an employer ... to discharge any individual ... because of such individual’s age.” 29 U.S.C. § 623(a)(1); see Johnson v. New York, 49 F.3d 75, 78 (2d Cir.1995). Where a plaintiff alleges discharge from employment in violation of the ADEA, the three-step burden-shifting test of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973), a decision under Title VII of the Civil Rights Act of 1964, supplies the appropriate analytical framework. See Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1224 (2d Cir.1994). [2] First, the plaintiff must present a prima facie ease of discrimination. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825. If the plaintiff does so, the burden shifts to the defendant to articulate a legiti mate nondiseriminatory reason for its employment decision. Id.; Gallo, 22 F.3d at 1224. The burden at this phase is one of production rather than persuasion. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 257, 101 S.Ct. 1089, 1095, 67 L.Ed.2d 207 (1981). If the defendant carries this burden of production, the plaintiff must show that the defendant’s articulated reason for its decision is in fact a pretext for discrimination. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825; St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, -, 113 S.Ct. 2742, 2752, 125 L.Ed.2d 407 (1993).

We find that plaintiff has met his burden of establishing a prima facie case of age discrimination and that defendant has articulated a nondiseriminatory reason for its decision. The question presented is whether the district court properly entered summary judgment in these circumstances. Once the plaintiff presented a prima facie case, the district court could only have entered summary judgment in defendant’s favor if it determined that no rational trier of fact could find the articulated basis for the plaintiffs discharge to be a pretext for discrimination. Such a conclusion was not proper on the record before the district court.

1. Step 1: Plaintiffs Burden to Establish the Prima Facie Case

To make a prima facie showing of wrongful discharge under the ADEA, a plaintiff must demonstrate: “(1) that he was within the protected age group, (2) that he was qualified for the position, (3) that he was discharged, and (4) that the discharge occurred under circumstances giving rise to an inference of age discrimination.” Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 204 (2d Cir.1995) (internal quotation marks omitted). “[T]he showing the plaintiff must make as to the elements of the prima facie case in order to defeat a motion for summary judgment is de minimis.” Id. (internal quotation marks omitted).

In the present ease, Sutera opposed Schering’s motion for summary judgment by submitting to the district court sworn statements sufficient to make the requisite prima facie showing. The ADEA protects persons forty to seventy years of age. 29 U.S.C. § 631(a). At the time Sutera was fired, he was sixty-six years old. Sutera was qualified for his position. He had thirty-one years of experience as a sales representative with Schering and had received numerous awards for excellent performance, including the Distinguished District Representative of the Year Award just eighteen months prior to his discharge. Sutera claims, moreover, that (1) Jesus Leal, his supervisor in 1990 and 1991, made harassing and demeaning references to his age; (2) despite Sutera’s receipt of the[*17] Distinguished District Representative of the Year Award, Leal informed him that his sales performance was unacceptable and established a remedial “Performance Enhancement Program” for him; (3) Sutera had declined three offers of early retirement; and (4) Sutera’s position was filled with a younger employee at a substantially lower salary. Sutera’s sworn statements were sufficient to permit a rational trier of fact to infer that age was a factor in his discharge. Sutera has thus made the de minimis showing required to establish a prima facie case of age discrimination.

2. Step 2: Defendant’s Burden to State a Legitimate Nonr-Discriminatory Reason

Once Sutera established his prima facie ease, the burden shifted to Schering to articulate a reason for discharging Sutera that, if believed by a trier of fact, would support a finding that unlawful discrimination was not the basis for the employment action. As Sutera concedes, Schering articulated just such a reason: Sutera’s alleged forgery of physician signatures.

3. Step 3: Plaintiffs Opportunity to Show Pretext for Discrimination

Once the defendant carries its burden of production by articulating a legitimate reason for the plaintiffs discharge, “[t]he plaintiff then has the full and fair opportunity to demonstrate, through presentation of his own case and through cross-examination of the defendant’s witnesses, that the proffered reason was not the true reason for the employment decision,” but was in fact a pretext for discrimination. St. Mary’s Honor Ctr., 509 U.S. at -, 113 S.Ct. at 2747 (internal quotation marks omitted); see Gallo, 22 F.3d at 1225. “[T]he plaintiff is not required to show that the employer’s proffered reasons were false or played no role in the employment decision, but only that they were not the only reasons and that the prohibited factor was at least one of the ‘motivating’ factors.” Cronin, 46 F.3d at 203. The trier of fact decides the ultimate question of whether the plaintiff has proven that the defendant intentionally discriminated against him. St. Mary’s Honor Ctr., 509 U.S. at -, 113 S.Ct. at 2749.

By granting Schering’s motion for summary judgment, the district court did not permit Sutera to proceed with the presentation of his case. The court thus apparently concluded that no rational trier of fact could find that the articulated basis for Sutera’s discharge — his alleged forgery of physician signatures — was a pretext for discrimination. We disagree.

The district court did not refer to the McDonnell Douglas burden-shifting principles, nor indicate whether Sutera had made the requisite prima facie showing. Instead, it gave the following reason for dismissing Sutera’s claims:

Use of a signature other than a physician or physician’s staff contrary to statute and the employer’s policy is an adequate basis for dismissal.
Plaintiff has had an opportunity to interview the physicians involved and two of the three have failed to modify their position. While other discovery has not been had, plaintiff would be in a position to provide any available explanation for presence of outdated and improperly signed cards in his ear and has not done so.

It thus appears that the district court concluded that Schering had “come forward with evidence of a dispositive nondiscriminatory reason as to which there is no genuine issue and which no rational trier of fact could reject” as pretextual. Cronin, 46 F.3d at 203. On this record, we cannot agree with any such conclusion.

First, the district court’s characterization of Sutera’s actions as “contrary to statute and the employer’s policy” is not supported by the record. Sehering’s investigation appears to have focused on the authenticity of physician signatures on the unsubmitted Focus Cards found in Sutera’s car, not on the signatures found on Focus Cards that Sutera actually submitted to Schering. When questioned about the presence of these Cards in his car, Sutera explained that they were misplaced or improperly signed Cards. In effect, Sutera explained that they were in his car precisely because he had not thought[*18] them fit for submission. Sutera’s maintenance of discarded Focus Cards in his car— with or without authentic signatures — does not violate federal law or any policy articulated by Schering. In these circumstances, we cannot conclude that the evidence produced by Schering of its reason for firing Sutera is “evidence ... as to which there is no genuine issue and which no rational trier of fact could reject,” id., warranting the entry of summary judgment in its favor.

Second, Schering points to Sutera’s asserted admission that some of his submitted cards may have been signed by persons other than the physician outside of Sutera’s view. Schering contends that submitting a Focus Card signed by a member of the physician’s staff would itself indisputably violate company policy and provide a dispositive nondis-eriminatory reason for discharging Sutera that no rational trier of fact could reject as pretextual. We disagree. Sutera claims that Schering’s managerial staff witnessed and condoned the practice of obtaining a physician’s signature by allowing personnel of the doctor’s office to present the Focus Card for signing and leaving the samples upon their return of the signed Cards.

In attempting to demonstrate that its articulated reason for discharging Sutera was dispositive, Schering proffered as evidence statements that it drafted and presented to various physicians. Those statements read in part as follows: “Annabelle Suarez has asked me to verify whether this signature has been signed by me or any other person in my office staff." (Emphasis supplied.) This statement, standing alone, would support an inference that Schering’s true policy did not require the physician personally to sign the Focus Card. In sum, if Schering did condone the practice described by Sut-era, a rational trier of fact could find Scher-ing’s articulated reason for firing Sutera to have been pretextual.

The district court did not, in any event, afford Sutera an opportunity to demonstrate that his alleged forgery of physicians’ signatures was not the true reason he was discharged, but was merely a pretext and that his discharge was motivated by discrimination. Sutera maintains that discovery would have allowed him to obtain evidence showing that Schering’s policies and practices permitted his method of obtaining signatures on Focus Cards. A party opposing a motion for summary judgment “must have ‘had the opportunity to discover information that is essential to his opposition’ to the motion.” Trebor Sportswear Co. v. Limited Stores, Inc., 865 F.2d 506, 511 (2d Cir.1989) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. at 250 n. 5, 106 S.Ct. at 2511 n. 5). Summary judgment was entered before any discovery had taken place. In these circumstances, it cannot be said that plaintiff had a full and fair opportunity to show that Schering’s articulated reason for his dismissal was pretex-tual.

III. Conclusion

For the reasons stated above, the order of the district court entering summary judgment is vacated, and the cause is remanded for further proceedings consistent with this opinion.

1

. Plaintiff's complaint also named Schering-Plough Corporation as a defendant. The parties agreed to the dismissal of the claims against Schering-Plough on December 7, 1994.

2

. The same analysis applies to claims under the New York Human Rights Law. See Miller Brewing Co. v. State Div. of Human Rights, 66 N.Y.2d 937, 938-39, 498 N.Y.S.2d 776, 489 N.E.2d 745 (1985).