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Lidowitz v. Rite Aid Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Aug 1, 2013
CV 12-465 (LDW) (ARL) (E.D.N.Y. Aug. 1, 2013)

Opinion

CV 12-465 (LDW) (ARL)

08-01-2013

ROBERT LIDOWITZ, Plaintiff, v. RITE AID CORPORATION and RITE AID OF NEW YORK, INC. d/b/a RITE AID, Defendants.


MEMORANDUM AND ORDER

WEXLER, District Judge

Plaintiff Robert Lidowitz ("Lidowitz") brings this action against defendants Rite Aid Corporation and Rite Aid of New York, Inc. d/b/a Rite Aid ("defendants") asserting claims for age and disability discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq.; the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq.; and the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law § 290 et seq. Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Lidowitz opposes the motion only as to the disability discrimination claims under the ADA and NYSHRL.

Upon consideration, the Court finds that genuine disputes of material fact exist precluding the entry of summary judgment as to the disability discrimination claims under the ADA and NYSHRL. See Fed. R. Civ. P. 56(a) (party seeking summary judgment must demonstrate that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law"); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Gallo v. Prudential Residential Servs. Ltd. P'ship, 22 F.3d 1219, 1223-24 (2d Cir. 1994). Because Lidowitz does not oppose dismissal of the age discrimination claims under the ADEA and NYSHRL, those claims are dismissed with prejudice.

Accordingly, defendants' motion is granted as to the age discrimination claims under the ADEA and NYSHRL, and denied as to the disability discrimination claims under the ADA and NYSHRL.

SO ORDERED.

____________________________

LEONARD D. WEXLER

UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York

August 1, 2013


Summaries of

Lidowitz v. Rite Aid Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Aug 1, 2013
CV 12-465 (LDW) (ARL) (E.D.N.Y. Aug. 1, 2013)
Case details for

Lidowitz v. Rite Aid Corp.

Case Details

Full title:ROBERT LIDOWITZ, Plaintiff, v. RITE AID CORPORATION and RITE AID OF NEW…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Aug 1, 2013

Citations

CV 12-465 (LDW) (ARL) (E.D.N.Y. Aug. 1, 2013)