Wagner v. Inter-Con Security Systems, Inc., No. 1:2015cv09858 - Document 56 (S.D.N.Y. 2017)

Court Description: OPINION re: 35 MOTION for Summary Judgment filed by Inter-Con Security Systems, Inc., 38 MOTION for Partial Summary Judgment filed by Robert Wagner.In this employment discrimination action, the parties have filed cross-motions for s ummary judgment and partial summary judgment on plaintiff's claims under the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12101 (2012), and under the New York City Human Rights Law ("NYCHRL"), N.Y. City Admin. Co de§ 8-107(1)(a). Because the evidence presents genuine issues of material fact, the record precludes the entry of summary judgment in this matter. Accordingly, the court denies both defendant's motion for summary judgment and plaintiff's motion for partial summary judgment. This opinion resolves docket entry numbers 35 and 38. (Signed by Judge Thomas P. Griesa on 9/29/2017) (jwh)