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Kenneth D. Morrison v. Federal Express Corporation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 3, 2012

KENNETH D. MORRISON, PLAINTIFF,
v.
FEDERAL EXPRESS CORPORATION, DEFENDANT.

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

MEMORANDUM AND ORDER

Plaintiff Kenneth D. Morrison brings this action against defendant Federal Express Corporation ("FedEx") claiming that he was terminated from his employment at FedEx because of his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. ("ADEA claim"), and the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq. ("NYSHRL claim"). FedEx moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing plaintiff's claims and, in any event, striking plaintiff's request for punitive damages. Plaintiff opposes FedEx's motion to the extent FedEx seeks dismissal of the ADEA and NYSHRL claims, but does not defend his request for punitive damages.

Upon consideration, the request for punitive damages is stricken, as punitive damages are not recoverable under the ADEA and NYSHRL. See Johnson v. Al Tech Specialties Steel Corp., 731 F.2d 143, 146-48 (2d Cir. 1984); Thoreson v. Penthouse Int'l, Ltd., 80 N.Y.2d 490, 496, 591 N.Y.S.2d 978, 979 (1992). Otherwise, the motion is denied, as 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). Accordingly, FedEx's motion for summary judgment is granted in part and denied in part.

SO ORDERED.

LEONARD D. WEXLER UNITED STATES DISTRICT JUDGE

20120203

© 1992-2012 VersusLaw Inc.



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