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Anthony Baffo v. New York Institute of Technology

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 18, 2012

ANTHONY BAFFO, PLAINTIFF,
v.
NEW YORK INSTITUTE OF TECHNOLOGY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Wexler, District Judge

MEMORANDUM AND ORDER

Plaintiff Anthony Baffo brings this action against defendants New York Institute of Technology ("NYIT"), Robert Rizzuto, and Leonard Aubrey claiming that he was terminated from his employment at NYIT because of a disability in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq., and the New York City Human Rights Law, N.Y.C.R.R. § 8-101 et seq. Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff opposes the motion.

Upon consideration, the Court finds that genuine issues of material fact exist, precluding the entry of summary judgment. See Fed. R. Civ. P. 56(a) (party seeking summary judgment must demonstrate that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law"); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Gallo v. Prudential Residential Servs. Ltd. P'ship, 22 F.3d 1219, 1223-24 (2d Cir. 1994). Such issues include the causal connection between defendants learning of plaintiff's disability and his termination, the reason for his termination, and whether his disability was a motivating factor in defendants' decision to terminate him.

Accordingly, defendants' motion for summary judgment is denied. SO ORDERED.

LEONARD D. WEXLER UNITED STATES DISTRICT JUDGE

20120118

© 1992-2012 VersusLaw Inc.



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