Opinion
00-CV-6619L.
April 15, 2004
ORDER
On June 30, 2003, defendant Eastman Kodak Company filed a motion for summary judgment (Dkt. #33).
For the reasons stated by the Court in its oral decision rendered and transcribed at argument on April 14, 2004, it is hereby
ORDERED that defendant's motion for summary judgment (Dkt. #33) is granted in part and denied in part: summary judgment is granted as to plaintiff's claims based on Title VII of the Civil Rights Act of 1964, as amended, and as to claims of retaliation under the Americans With Disabilities Act ("ADA"), and those claims are dismissed; summary judgment is denied as to plaintiff's ADA claim for failure to accommodate his alleged disability during 1999, and it is further
ORDERED that the Court declines to interpret or construe plaintiff's federal complaint (Dkt. #1), as asserting a New York Human Rights Law Disability Discrimination Claim, and it is further
ORDERED that trial of this action will go forward solely on plaintiff's ADA claim for failure to accommodate his alleged disability.
IT IS SO ORDERED.