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FASANO v. FLOUR CITY ARCHITECTURAL METALS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK


November 22, 1996

NICHOLAS FASANO, Plaintiff,
v.
FLOUR CITY ARCHITECTURAL METALS, INC. and ARMCO, INC., Defendants.

The opinion of the court was delivered by: GERSHON

OPINION AND ORDER

 GERSHON, United States District Judge:

 Plaintiff Nicholas Fasano claims that the defendants terminated him from employment in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., and the New York Human Rights Law, N.Y. Exec. Law §§ 290 et seq. The defendants now move for summary judgment pursuant to Federal Rule of Civil Procedure 56.

 FACTS

 Unless otherwise indicated, the following facts are undisputed. Defendant Flour City Architectural Metals, Inc. ("Flour City") was at all times relevant to this action primarily engaged in the manufacture and installation of the facade, or "curtain wall," of buildings and other structures. Flour City is an independent subsidiary of defendant Armco, Inc. For seventeen years prior to his discharge, Mr. Fasano worked as an estimator in the Estimating Department in Flour City's Glen Cove, New York facility. Flour City also maintained a facility in Johnson City, Tennessee.

  An estimator's job is to examine architectural drawings and specifications in order to develop a projection of the quantities and costs required for the production and installation of curtain wall for particular construction projects. The defendants acknowledge that Mr. Fasano was qualified to be an estimator at the time of his discharge. Defendants' Brief at p. 8. Immediately prior to Mr. Fasano's discharge, the Estimating Department at the Glen Cove facility consisted of a supervisor and four estimators: Age Date of Hire Philip Gambino (Supervisor) 52 07/16/62 William Dick 41 06/27/88 Nicholas Fasano 60 12/06/76 Edward Sidebotham 41 01/10/83 Al Wenskus 50 02/28/83

19961122

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