Warner Wolf in 1985, left, and Don Imus. Warner Wolf in 1985, left, and Don Imus. Photo Credit: AP Photo/File; Richard Drew

Radio personality Don Imus has fended off an age discrimination suit brought by legendary sportscaster Warner Wolf, who claimed in a suit filed under New York state and New York City's human rights laws that he was replaced with a younger sportscaster.

Wolf, who was represented in the matter by prominent employment law attorney Douglas Wigdor and Kenneth Walsh, an associate with Wigdor's firm, claimed in his suit that he was shown the door in 2016 and replaced with Sid Rosenberg, who is about 30 years Wolf's junior.

Wolf, who is 80 and who is known for his catchphrase “Let's go to the videotape,” delivered a sportscast on Imus' show, “Imus in the Morning,” for about 20 years.

Wolf's relationship with the show apparently took a turn in 2015, when he moved to Naples, Florida, and began to broadcast from there—an arrangement that eventually lost Imus' approval.

“We tried it. It sucks,” Imus told Wolf in an email, according to court papers.  

Imus, who is 78 and who was a fixture of New York City radio since the 1970s, retired in March. He retained Offit Kurman attorney Brendan Marx and special counsel Martin Garbus, and the other defendants were represented by Ogletree, Deakins, Nash, Smoak & Stewart attorneys Aaron Warshaw and Jamie Haar.

Manhattan Supreme Court Justice James D'Auguste dismissed Wolf's suit, finding that his relocation to Florida put him outside of the protection of the New York state and the New York City human rights laws, which do not cover nonresidents. Additionally, Imus lives in Texas.   

But turning to the merits of Wolf's claims, the judge said that Wolf's arguments were based on “blanket conclusory assertions and assumptions.”

“Indeed, the only specificity contained in [the] complaint are stray comments made by Imus, a member of [the] same protected class as Wolf,” the judge wrote.

The dismissal comes less than 10 months after Wolf filed his suit.   

“We are pleased to see a thorough and expeditious resolution to this case,” said Offit Kurman CEO Ted Offit in a news release. “It is the kind of outcome that demonstrates the extraordinary skill of our litigators in New York.”

Wigdor said that Wolf's attorneys plan to appeal the ruling.

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