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Partlow v. City of Gloversville

United States District Court, N.D. New York
Oct 13, 2010
6:08-CV-1046 (N.D.N.Y. Oct. 13, 2010)

Opinion

6:08-CV-1046.

October 13, 2010

GREG T. RINCKEY, ESQ., KILEY D. SCOTT, ESQ., DOUGLAS J. ROSE, TULLY RINCKEY, PLLC, Attorneys for Plaintiff, Albany, NY.

THOMAS M. WITZ, ESQ., WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER, LLP, Attorneys for Defendants, Albany, NY.

BRYAN J. GOLDBERGER, ESQ., GOLDBERGER AND KREMER, Attorneys for Defendants, Albany, NY.


ORDER


Plaintiff sued the defendants pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4301 et seq. Defendants move for summary judgment pursuant to Fed.R.Civ.P. 56. (Docket No. 28). Plaintiff opposes. (Docket No. 33). Defendants have replied. (Docket No. 35).

Viewing the facts most favorable to the nonmoving plaintiff as, of course, must be done in a Rule 56 motion, he has clearly set forth direct and circumstantial evidence which creates material questions of fact for a jury. The issues include whether plaintiff was denied benefits of employment, promotion, and if he was subjected to a hostile work environment because of his military status. Questions of fact also exist as to whether the defendants had a policy in place to protect against violations of USERRA, and if so, whether plaintiff failed to utilize said policy.

Therefore, it is

ORDERED, that defendants' motion for summary judgment is DENIED.

IT IS SO ORDERED.

Dated: October 13, 2010

Utica, New York.


Summaries of

Partlow v. City of Gloversville

United States District Court, N.D. New York
Oct 13, 2010
6:08-CV-1046 (N.D.N.Y. Oct. 13, 2010)
Case details for

Partlow v. City of Gloversville

Case Details

Full title:KYLE PARTLOW, Plaintiff, v. THE CITY OF GLOVERSVILLE; and THE GLOVERSVILLE…

Court:United States District Court, N.D. New York

Date published: Oct 13, 2010

Citations

6:08-CV-1046 (N.D.N.Y. Oct. 13, 2010)