Kim v. Columbia University, No. 1:2008cv07915 - Document 20 (S.D.N.Y. 2009)

Court Description: MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART THE MOTION FOR SUMMARY JUDGMENT DISMISSING COMPLAINT granting in part and denying in part 11 Motion for Summary Judgment. Defendant Columbia University has moved to dismiss the comp laint in this action, or in the alternative for summary judgment dismissing the complaint. The plaintiff, who appears pro se but who is an experienced litigant, has filed opposition papers including a Local 56.1 statement, indicating that he is not o pposed to the court's treating the motion as a motion for summary judgment. I thus treat the motion as a motion for summary judgment. Mr Kim's claim of employment discrimination, which arise out of his employment at Columbia (which, I gath er, ended in April 1992), are dismissed from this action. The dismissal is without prejudice to whatever Judge Patterson may do with them; they appear to be long time-barred, but perhaps they were administrative limbo for a very long time. The remai ning claim in this action is a claim by Mr. Kim for $2,734 that was in one of his two retirement accounts: as further set forth in this Order. Columbia's motion for summary judgment on the claim for restoration of the account balance in Kim 's Support Staff Plan account is, therefore, denied. Columbia's motion for summary judgment dismissing Mr. Kim's retaliation claim is granted. This leaves for trial Mr. Kim's claim that Columbia was wrong when it concluded that he had not vested in the benefits in his Support Staff account. The parties are on 48 hours notice for trial. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 9/16/09) Copies Mailed By Chambers. (tro)