Rimpel v. AdvantageCare Physicians PC

MEMORANDUM & ORDER   Plaintiff Bernard Rimpel, a physician, brings this employment discrimination action against his former employer, AdvantageCare Physicians, P.C. (“ACP” or “Defendant”). (Compl. (Dkt. 1).) Plaintiff alleges that ACP unlawfully discriminated against him because of his age in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §621 et seq.; the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §296 et seq.; and the New York City Human Rights Law (“NY-CHRL”), N.Y.C. Admin. Code §8-101 et seq. Defendant moves for summary judgment on all claims. (Def. Mot. for Summ. J. (Dkt. 35); Mem. in Supp. of Mot. for Summ. J. (“Mem.”) (Dkt. 39); Reply (Dkt. 44).) Plaintiff opposes the motion. (Mem. in Opp. to Mot. for Summ. J. (“Opp.”) (Dkt. 43).) For the reasons set forth below, Defendant’s motion is GRANTED with prejudice. I. BACKGROUND¹ Defendant ACP is a medical practice that operates multiple facilities throughout the New York metropolitan area, including the Empire Medical Center in Brooklyn. (Def.’s R. 56.1 Stmt. (“Def. 56.1″) (Dkt. 36)

1-2.) Plaintiff began working at the Empire Medical Center in or around 1990, before it was operated by ACP. (Tr. of Dec. 6, 2018 Dep. of Pl. (“Pl. Tr.”) (Dkt. 40) at 21:17-22:11.) In or around October 2012, ACP’s predecessor, City Care Physician Practice, P.C. (“City Care”), acquired the Central Brooklyn Medical Group, which operated the Empire Medical Center, and Plaintiff became an employee of City Care. (Pl.’s R. 56.1 Stmt. (“Pl. 56.1″) 2; Def. 56.1 2.) In November 2013, City Care reorganized as ACP. (Pl. 56.1 2; Def. 56.1 2.) Plaintiff’s employment relationship with ACP began in November 2013, pursuant to an October 3, 2012 agreement between Plaintiff and City Care. (Pl. 56.1 3; Def. 56.1 5; Employment Agreement (“Agreement”) (Dkt. 37-3) at 1.) At the time Plaintiff became an employee of ACP he was 62 years old. (Def. 56.1 5.) Plaintiff’s employment agreement provided that his employment could be “terminated by [Defendant] at any time after the first calendar year, by giving sixty (60) days prior written notice to” Plaintiff and did not require that Plaintiff’s employment be terminated only for cause. (Agreement at 8; Def. 56.1