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Hsueh v. Bank of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


September 26, 2006

ERIC HSUEH, PLAINTIFF,
v.
THE BANK OF NEW YORK, DEFENDANT.

The opinion of the court was delivered by: Jed S. Rakoff, U.S.D.J.

ORDER

On October 31, 2005, the Honorable Andrew J. Peck, United States Chief Magistrate Judge, issued a Report and Recommendation ("Report") in the above-captioned case recommending that defendant's motion to dismiss be granted with prejudice on the grounds that plaintiff's disability discrimination claims are barred by a valid release.

After the Report issued, plaintiff submitted an objection dated November 4, 2005, to which defendant submitted a reply dated November 23, 2005. Having considered the matter de novo, the Court finds itself in total agreement with the reasoning set forth in the Report, which the Court hereby adopts by reference with one exception.*fn1 Accordingly, the defendant's motion to dismiss is hereby granted and the action is dismissed with prejudice. Clerk to enter judgment.

SO ORDERED.


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