Opinion
CV 06-5048.
May 1, 2008
LAW OFFICE OF STEVEN A. MORELLI BY: STEVEN A. MORELLI, ESQ. Attorney for Plaintiff Carle Place, New York
EPSTEIN BECKER GREEN, P.C. BY: JOHN HOUSTON POPE, ESQ. Attorneys for Defendant New York, New York
MEMORANDUM AND ORDER
Defendant in the above-captioned employment discrimination action moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Upon consideration of the papers in support of and in opposition to the motion, this Court finds that genuine issues of material fact exist precluding the entry of summary judgment with respect to plaintiffs' claims. See Fed.R.Civ.P. 56(c) (a party seeking summary judgment must demonstrate that "there is no genuine issue of any material fact and that the moving party is entitled to a judgment as a matter of law."); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986);Donohue v. Windsor Locks Bd. of Fire Comm'rs, 834 F.2d 54, 57 (2d Cir. 1987). Accordingly, Defendant's motion for summary judgment is denied. The denial of the motion is without prejudice to renewal at the close of Plaintiff's case. The Clerk of the Court is directed to terminate the motion.
SO ORDERED.