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Zeltman v. Infinigy Solutions LLC

Fired Army Reservist's ADA Discrimination Claim Survives as Against Former Supervisor Only

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pro se plaintiff Edward Zeltman brings this action under Title I of the Americans with Disabilities Act (the “ADA”), 42 U.S.C. §1201, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §4301 et seq., and New York common law against Infinigy Solution, LLC (“Infinigy”), Charles Smith, Jeffrey Gutowski, and John Stephens. Dkt. No. 19 (“Amended Complaint”)

1, 5-8. Now before the Court is Defendants’ motion to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Dkt. No. 21-4 (“Defendants’ Memorandum of Law”). Plaintiff opposes Defendants’ motion, and Defendants filed a reply. Dkt. Nos. 23 (“Response”); 24 (“Reply”). For the following reasons, the motion is granted in part and denied in part. II. BACKGROUND The Court draws all facts, which are assumed to be true, from the amended complaint. Bryant v. N.Y. State Educ. Dep’t, 692 F.3d 202, 210 (2d Cir. 2012). Plaintiff is a veteran of the United States Army Reserves who was employed by Infinigy as a construction manager from January 2, 2019 to March 18, 2019. Am. Compl.

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