The Associated Press May 4, 2011, 10:38AM ET

Elderly NYC stadium beer seller's lawsuit tossed

An octogenarian beer seller who said her age got her shifted to a less lucrative concession stand at New York Mets games has struck out at an appeals court. She was replaced by a 75-year-old.

Tuesday's State Supreme Court Appellate Division ruling upholds a lower court's dismissal of Mildred Block's lawsuit.

Now 86, Block worked at the former Shea Stadium. She said her tip income plummeted when she was transferred in 2008 from one beer stand to another. Her 40-year-old co-worker wasn't reassigned.

Stadium concessionaire Aramark Inc. denied discriminating and said there were complaints about long lines at Block's former stand.

Block's and Aramark's lawyers had no immediate response Tuesday. A lawyer for the city Human Rights Commission said the agency correctly concluded it was unlikely Block was discriminated against.

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