NYU has moved for summary judgment on all of plaintiff's claims
pursuant to Rule 56 of the Federal Rules of Civil Procedure. For
the reasons which follow, defendant's motion is granted in its
entirety and plaintiff's complaint is dismissed.
Due to plaintiff's failure to file a statement of disputed
material facts pursuant to Local Rule 56.1, the facts set out in
NYU's Rule 56.1 Statement are deemed admitted. See Civil Rule
56.1(c), Local Rules of the United States District Courts for the
Southern and Eastern Districts of New York; see also Gubitosi v.
Kapica, 154 F.3d 30, 31 n. 1 (2d Cir. 1998).*fn3 The undisputed
facts of the case, drawn verbatim from NYU's Rule 56.1 Statement,
are as follows:
1. Plaintiff Janet R. Marks ("Marks") was employed
at NYU's Stern School of Business ("Stern") from the
fall of 1971 until December, 1996. See Verified
Complaint, filed January 22, 1998, ("Complaint") ¶ 8,
Exh. 1 to the Affidavit of Donna S. Kahn, Esq.,
("Kahn Aff."); Answer and Counterclaim, March 10,
1998 ("Answer"), ¶ 8, Exh. 2 to the Kahn Aff.
2. As of August, 1993, when Daly became the Dean of
the Stern School, Marks was Associate Dean for MBA
Education. See Complaint ¶ 8; Deposition of Janet
R. Marks, dated September 10, 1998 & January 11, 1999
("Marks dep."), at 43, Exh. 3 to the Kahn Aff.;
Deposition of George G. Daly, dated November 12, 1998
& February 17, 1999 ("Daly dep.") at 6, 15, Exh. 4 to
the Kahn Aff.
3. As of September 1, 1995, Marks was appointed as
an Associate Clinical Professor at Stern. See
Letter from L. Jay Oliva to J. Marks, April 19, 1996,
Exh. 5 to the Kahn Aff; Daly dep., at 72. Her
appointment letter specified that she was to perform
"[f]ull time" duties as a Associate Clinical
Professor for a term ending January 14, 1999. See
id. No tenure implications were attached to the
position. See id.
4. That letter also provided for a secondary
appointment as Associate Dean for International
Programs and MBA Initiatives, a new position, created
for plaintiff. See id.; Daly dep., at 74.
5. Under this dual appointment, $95,500 —
approximately 90% of Marks' annual salary — was
attributable to her duties as an Associate Clinical
Professor, and the remainder, $10,611, was payment
for her duties as Associate Dean. See Kahn Aff.,
6. Marks held both positions until the Associate
Deanship was eliminated in September, 1996. See
Letter from T. Pugel to J. Marks, August 28, 1996,
Exh. 6 to the Kahn Aff.
7. Thereafter, until November 30, 1996, Marks was
paid as a full time Associate Clinical Professor at
Stern, at a rate of $95,500 annually. See NYU
"Change Primary" Form, Kahn Aff., Exh. 27.
Events Leading Up To Marks' Departure From NYU
8. Marks was informed in July, 1996 that her
Associate Deanship would be eliminated in September,
1996, but she would remain a full time faculty
member. See Exh. 6 to the Kahn Aff.; Marks dep., at
9. Marks approached Daly in late August or early
September, 1996, seeking to negotiate a separation
package for herself, informing Daly that she had
decided she would like to leave NYU. See Marks
dep., at 249.
10. NYU does not routinely provide severance
payments to employees who depart voluntarily. See
Daly dep. at 123-24; NYU Admin. and Prof'l Handbook
at 21, Exh. 7 to the Kahn Aff.
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